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On going court case with landlord....

Question

We have an ongoing court case with our landlord which relates to repair of the roof etc. of our appartment . If the landlord were to sell the property BEFORE the final trial date and the ensuing judgement ; who would then be liable for the damages and liabilities (i.e repairs) if the judgement was ruled in our favour? Additionally, would the new owner be able to ask us to leave before the trial , and before the judgement is made ? Note that we have a fully valid 9 year contract that will terminate in approx. 2 years time.

Answer
J Sep 7, 2017 16:31 Marked as helpful by the topicstarter

Given that the landlord would have to declare the dispute to any potential buyer, I doubt it would be sensible to sell.

Any eventual new owner would have to give you 6 months notice, and that only if there is a suitable clause in the contract and they want to live in the property or make major renovation/construction work.

Answer
BrusselsKing Sep 8, 2017 11:24

Thanks for your response, much appreciated. In the event the property IS sold (i.e with the court case still ongoing) :
i)What happens to the liabilities of our current landlord if the judgement was ruled againts them?As he does not own the property anymore , will he still be liable for the damages?
ii)Are the liabilities transferred to the new owner of the property?

Answer
becasse Sep 8, 2017 13:26 Marked as helpful by the topicstarter

These are questions that you should be asking your lawyer about. The answer could well depend on the individualities of the case that no-one here has any idea about, and it could be that your current landlord might be required to pay the proceeds of any sale into a blocked account pending judgement.

Answer
E.Ash Sep 8, 2017 19:07 Marked as helpful by the topicstarter

To make sure the purchaser respects your rights, your lease must be registred in the rent registry (Myrent.be).

Your contract provides for the terms to apply in case the owner changes....read it....if no mention, the the rental law applies.

As for the dispute, my understanding (but no legal advice) is that it is between you and the current owner. But you will loose security on the property with the sale. Check with a notary (advice is free)

Good luck

Answer
kasseistamper Sep 10, 2017 18:53 Marked as helpful by the topicstarter

I think you have to apply common sense here.
The argument is between you and your landlord as to who pays for damages.
The fact that he might no longer own the property when the judgment is handed down is irrelevant.
If YOU move and there is another tenant when the judgment is handed down and it is in HIS favour who will be liable? Certainly not the new tenant. You will be liable and the fact that you no longer live there will similarly be irrelevant.

Answer
CC_R Sep 11, 2017 08:00 Marked as helpful by the topicstarter

I'm struggling to understand why you'd be liable in either case. Unless you paid for repairs the landlord wouldn't do and this is why you're in court. Building exterior are the landlord responsibility not the tenants unless you have a very strange contract. If this is the case I would have thought the landlord you currently have is liable. If the repairs aren't yet done then surely the responsibility moves to the new owner.
That's said proving anything related to property in court here is very tricky and I think it's also possible the current landlord is just trying it on and may well pay before court.

Answer
BrusselsKing Sep 11, 2017 10:38

All very helpful advise. Fact is , in terms of the judgement , it is more or less certain (nothing is ever certain) that the judgement will be in our favour as the court appointed expert has already provided his opinion that there is an issue with the roof which is the responsibiity of the landlord. However , the landlord now says he want to sell his property ASAP so he is offering to settle before it goes to the tribunal. Still trying to figure out if settling makes financial sense for us.

Thanks!

Answer
J Sep 11, 2017 18:10 Marked as helpful by the topicstarter

If the property is sold, and the court finds in your favour, the new landlord will be liable. If the new landlord hasn't been told about this, then he'll be able to sue the previous owner for "vices cachés".

At this stage of a court case, haven't you already got a lawyer on the case? Wouldn't they be a better place to ask?

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