Tim de Vries

You may occasionally see this in the media: (grand)children being threatened with eviction by a landlord because they, rather than the (grand)parents, are the tenants of the property. In certain circumstances, the law provides that a remaining occupant can become the tenant themselves. If the landlord does not cooperate, the remaining occupant must bring proceedings under Section 7:268 of the Dutch Civil Code to request permission to continue the tenancy. The second paragraph of this provision states that the tenancy continues until a final and binding decision has been made on the claim for continuation of the tenancy.

An illegal alteration carried out by a previous owner may remain unnoticed for years—until the municipality takes enforcement action. In a judgment delivered on 25 March 2026, the District Court of The Hague ruled that the owner of an unlawfully subdivided property can be required to restore the lawful situation, even if the property was purchased in good faith. The judgment makes clear that civil law arrangements and administrative law responsibilities do not always align: even where a purchaser is able to recover their losses from the seller, they remain responsible vis-à-vis the municipality for remedying the violation.

On 10 June 2026, the Limburg District Court delivered an interesting judgment on directors' liability in the context of a failed startup. The bankruptcy trustee argued that the company's directors had manifestly mismanaged the company and were therefore liable for the entire bankruptcy deficit. The court dismissed that claim but did hold the directors personally liable for preferential payments made to affiliated parties shortly before the company's bankruptcy.