Publication date: 04.07.2024
Housing law: lease, privatisation and eviction
Housing law is an important branch of law that regulates relations related to the use of housing, its lease, privatisation and eviction. In modern society, housing issues are of particular importance, as they directly affect the quality of people's lives. In this article, we will look at the basics of housing law in Ukraine, in particular the legal regulation of lease, privatisation and eviction.
Fundamentals of housing law
Housing law in Ukraine is regulated by the Constitution of Ukraine, the Housing Code of Ukraine (HCU), the Civil Code of Ukraine (CCU), the Law of Ukraine "On Privatisation of State Housing Stock", the Law of Ukraine "On Lease of State and Communal Property" and other legal acts.
The main objectives of housing law include:
Ensuring the right to housing: Establishment of legal mechanisms for protecting the right to housing, ensuring access to housing and its proper maintenance.
Regulation of housing relations: Establishing rules for the use of residential premises, their lease, privatisation and eviction.
Protection of residents' rights: Establishment of legal guarantees for the protection of tenants' rights, including the right to adequate living conditions, protection from unlawful eviction and discrimination.
Rental housing
Residential lease is one of the main institutions of housing law that regulates the relationship between landlord and tenant. The main aspects of legal regulation of residential lease in Ukraine include:
Conclusion of the lease agreement: A residential lease agreement is concluded between the landlord and the tenant in writing. The agreement sets out the terms of the lease, the term, the amount of rent, and the rights and obligations of the parties.
Tenant's rights and obligations: The tenant has the right to use the residential premises in accordance with the terms of the agreement, and the right to receive services related to the maintenance of the premises. The tenant is obliged to pay the rent in a timely manner, comply with the rules for using the property, and prevent damage to the premises.
Rights and obligations of the landlord: The landlord has the right to receive the rent and control the condition of the premises. The landlord is obliged to provide the residential premises in proper condition, ensure its maintenance and carry out necessary repairs.
Termination of the leaseagreement: The lease agreement may be terminated by mutual agreement of the parties or by a court decision in cases provided for by law. The grounds for termination may include breach of contract, non-payment of rent, damage to the premises, etc.
Privatisation of housing
Housing privatisation is the process of transferring residential premises from state or municipal ownership to private ownership. The main aspects of the legal regulation of housing privatisation in Ukraine include:
Grounds for privatisation: Citizens of Ukraine who live in state-owned or communal residential premises on the basis of a lease or rental agreement are entitled to privatisation. Privatisation is free of charge or for a nominal fee.
Privatisation procedure: Housing privatisation is carried out on the basis of a citizen's application to a local government or other authorised body. The application must be accompanied by documents confirming the right to privatisation (lease or rental agreement, family composition certificate, etc.).
Registration ofownership: After the decision to privatise is made, the local government or other authorised body issues a certificate of ownership of the property. Property rights are subject to state registration in the State Register of Rights to Real Estate.
Rights and obligations of owners of privatised housing: Owners of privatised housing have the right to own, use and dispose of the housing at their discretion, including the right to sell, donate, lease, etc. Owners are obliged to maintain the property in good condition, pay utility bills and taxes.
Eviction
Eviction is a legal act that involves the forced deprivation of the right to use residential premises. The main aspects of the legal regulation of eviction in Ukraine include:
Grounds for eviction: Evictions may be carried out on the basis of a court decision in cases provided for by law. The grounds for eviction may include non-payment of rent, violation of housing rules, damage to the premises, expiry of the lease agreement, etc.
Evictionprocedure: Eviction is carried out on the basis of a court decision that has entered into force. Evictions may be carried out by the state executive service with the participation of representatives of a local government or other authorised body.
Protection of residents' rights: Residents have the right to protect their rights in the event of an unlawful eviction. They can file a lawsuit to challenge the eviction decision, claim damages and other types of legal protection.
Evictionwith alternative accommodation: In cases provided for by law, evictions may be carried out with the provision of alternative accommodation. This applies, in particular, to evictions from emergency houses, evictions in connection with major repairs or reconstruction of the house, etc.
Current issues of housing law in Ukraine
Housing law in Ukraine is constantly evolving and improving. Among the current issues are the following:
Reform of housing legislation: Work is constantly underway to improve housing legislation in order to ensure the affordability of housing, protect the rights of residents, and create effective mechanisms for leasing and privatising housing.
Ensuringhousing affordability: An important task is to ensure housing affordability for all categories of citizens, including low-income families, young people, large families, veterans, people with disabilities and other socially vulnerable citizens.
Protection of tenants' rights: An important area of focus is the protection of tenants' rights, including protection from unlawful eviction, ensuring adequate living conditions, rent regulation and resolving disputes between landlords and tenants.
Improving thequality of housing services: An important task is to improve the quality of housing services, including the repair and maintenance of residential premises, provision of utilities, modernisation of the housing stock, and introduction of energy-efficient technologies.
Regulation of the housing rental market: An important aspect is the development of the housing rental market, including legal regulation of short-term and long-term leases, protection of the rights of landlords and tenants, and ensuring transparency of rental relations.
Conclusion.
Housing law in Ukraine is an important branch of law that regulates relations related to the use of housing, its lease, privatisation and eviction. The main objectives of housing law include ensuring the right to housing, regulating housing relations, and protecting the rights of residents. Residential lease regulates the relationship between the landlord and the tenant, including the conclusion of the lease agreement, the rights and obligations of the parties, and the termination of the lease agreement. Housing privatisation involves the transfer of residential premises from state or municipal ownership to private ownership, including the grounds for privatisation, the privatisation procedure, registration of ownership, and the rights and obligations of owners. Eviction is a legal act that provides for the forced deprivation of the right to use residential premises, including the grounds for eviction, the procedure for eviction, protection of the rights of tenants, and eviction with alternative housing. Topical issues of housing law include reforming housing legislation, ensuring housing affordability, protecting tenants' rights, improving the quality of housing services, and regulating the rental market. The legal regulation of housing relations contributes to ensuring the rights and freedoms of citizens, improving the quality and accessibility of housing services, protecting the rights of residents and developing a modern and efficient system of housing relations in Ukraine.
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