Breach of Articles 23-6 and 23-3 of the Decree of 30 September 1953

This decision provides an important insight into your property law. Here is what it changes for you.

The situation

A Court of Appeal breaches Articles 23-6 and 23-3 of the Decree of 30 September 1953 by allowing the landlord's request to fix the renewed lease rent outside the capping, holding that, although the action to readjust the principal rent is time-barred, the landlady may rely on the subletting that occurred during the expired lease, which constitutes a notable change in the respective obligations of the parties, whereas subletting, even unauthorised, does not constitute a modification of the elements referred to in Articles 23-1 to 23-4 of the aforementioned Decree.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Strictly comply with statutory limitation periods for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice is always cheaper than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.