La recuperación de la regla venta quita renta en los arrendamientos de vivienda

Abstract

The rule sale breaks hire shows a possible legal resolution to the trilateral conflict that arises when, during a lease, the owner-lessor carries out an act of disposition of the leased property in favour of a third party. According to this rule, the transfer of the leased property to a third party may result in the termination of the contract if the lease concluded by the transferor does not bind the purchaser. Precisely, one of the main amendments included in the Urban Lease Act by Act 4/2013, of June 4 th , is related to the transfer of the leased property to a third party. Specifically, for the contracts concluded after the entry into force of the reform the enforceability of the lease against third parties is related to its registration. This paper examines the legal basis of the rule sale breaks hire, its origins, its crisis and its recovery in housing leases through the relationship between articles 7.2 and 14 LAU and article 1571 CC. In particular, it is proposed a reinterpretation of article 14.2 LAU, a new delimitation of its scope and a review of the requirements that the purchaser must meet to terminate the unregistered lease.