What are the key laws governing residential leases in your country which are different from non-residential leases?
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Residential leases are governed by the Argentine Civil and Commercial Code (CCCN). The former Lease Act No. 27,551, was repealed by Decree No. 70/2023. There is currently no separate regulatory framework distinguishing residential from non-residential leases.
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Historically, the rules for residential leases were contained in the Federal Residential Lease Act. Since the sixth state reform (dated 11 October 2011), the subject matter of residential lease law has been regionalised. Consequently, the three Regions (ie Flemish Region, Walloon Region and Brussels Region) have adopted their own rules on residential leases. As a result, there are now three different regimes regulating residential leases in Belgium.
For each of the three different regimes, the rules are mandatory, meaning that parties cannot contractually deviate from the legal provisions.
The Flemish Residential Housing Code of 9 November 2018 (Decreet houdende bepalingen betreffende de huur van voor bewoning bestemde goederen of delen ervan/Décret contenant des dispositions relatives à la location de biens destinés à l'habitation ou de parties de ceux-ci) (published in the Belgian Official State Gazette on 7 December 2018) entered into force on 1 January 2019.
It applies to residential leases concluded after 1 January 2019. The Federal Residential Lease Act continues to apply in full to residential leases concluded before 1 January 2019.
The Walloon Residential Housing Code of 15 March 2018 (het Decreet betreffende de woninghuurovereenkomst/Décret relatif au bail d'habitation) entered into force on 1 September 2018.
It applies immediately to both existing residential leases and to residential leases which are concluded after its entry into force date on 1 September 2018. However, it does not apply to provisions regulating the following subjects: the minimum content of the written agreement, the fire insurance scheme, the possibility of cancelling short-term rentals and the rules on co-tenancy and student accommodation. For these provisions, the Federal Residential Lease Act continues to apply in full to residential leases concluded before 1 September 2018.
The Brussels Residential Housing Code of 27 July 2017 (de Ordonnantie houdende de regionalisering van woninghuurovereenkomst/Ordonnance visant la régionalisation du bail d'habitation) entered into force on 1 January 2018. It has been integrated into the pre-existing Brussels Housing Code of 17 July 2003.
Most of its provisions are only applicable on residential lease contracts which are concluded after the entry into force date, however, some of its provisions are already applicable on ongoing residential lease contracts.
A rental of the privately owned apartments is governed by the Act on Obligations (contracts and torts). In the Federation of Bosnia and Herzegovina, some of the cantons have adopted a separate regulation on renting which impose further requirements/criteria on leases of the state-owned apartments. Lease of the state-owned apartments is subject to additional requirements established by the municipal self-governing bodies.
In Brazil, non-residential and residential leases, as well as temporary (for tourists and students), are governed by the Law nº 8,245/91, as amended by Law nº 12,112/2009.
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Law 820 of 2003 contains the urban housing leasing regime. This law was regulated by Decree 3130 of 2003, Decree 51 of 2004, Decree 1789 of 2004 and Decree 1877 of 2004, and some articles have been repealed by Law 1564 of 2012 and Law 1819 of 2016.
For matters not regulated by this regime, recourse may be had to the Civil Code.
The main law governing residential leases in Croatia is the Residential Lease Act of 1996 as amended. This Act deals exclusively with residential leases, whereby the general law governing leases is the Obligations Act of 2004 as amended.
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The key law for residential leases is:
The Danish Lease Act contains provisions regarding the landlord and the tenant and is protective mandatory towards the tenant.
The Danish Housing Act contains public law provisions governing residential leases.
In addition, the Social Housing Act (Almenlejeloven) applies to various type of social housing, including youth residence (Ungdomsboliger), sheltered dwelling (Plejeboliger) and sheltered housing for the elderly (Ældreboliger). The Social Housing Act will not be elaborated on any further, unless specifically mentioned.
Residential leases for main residences are governed by the law n° 89-462 dated 6 July 1989 which intends to improve tenancy relations as amended notably by law n° 2014-366 dated 24 March 2014 (ALUR - Loi pour l'accès au logement et un urbanisme rénové). These laws continue today to form the foundation of tenant and landlord rights and obligations in France.
Law No. 2024-1039 of 19 November 2024, known as the Le Meur Law, aims to strengthen the regulation of short-term rentals of furnished accommodations for tourist purposes, which have proliferated in recent years due to the rise of digital platforms. While this practice can provide additional income for owners or tenants, it also poses challenges for the preservation of the housing stock.
To better regulate the rental of furnished tourist accommodations, the Le Meur Law primarily amends the legislation on the change of use of residential premises as provided in Article L. 631-7 of the Construction and Housing Code (CCH). Violations of this legislation can result in severe penalties: a civil fine of up to EUR 100,000 per illegally converted premises (previously EUR 50,000) and the possibility for buyers and tenants to invoke the nullity of their purchase and rental contracts.
Previously, premises constructed before 1 January 1970, were considered to be used as residences if they were used as such on that date. The Le Meur Law now stipulates that premises are considered to be used as residences if they were used as such:
Mandatory Declaration of Primary Residence
The procedure for declaring and registering furnished tourist accommodations with the town hall will be generalized by 20 May 2026, at the latest, regardless of the municipality, whether it is a primary residence or not. Previously, this procedure was limited to municipalities where the legislation on change of use defined in Articles L. 631-7 et seq. of the Construction and Housing Code (CCH) applies.
Authorizations for change of use, whether permanent or temporary, can only be issued upon presentation of an energy performance certificate (DPE) rated:
Expanded Powers for Local Authorities
Municipalities will be allowed to:
Changes to Condominium Rules
From 2025, any condominium owner registering a property as a short-term rental must inform the building management (syndic). New condominium regulations may explicitly allow or ban short-term rentals. Existing condominiums can now modify their rules by a two-thirds majority vote instead of requiring unanimity to prohibit such rentals.
Lease law is generally governed by sec. 535 et seq. of the German Civil Code (Bürgerliches Gesetzbuch).
The German Civil Code (Bürgerliches Gesetzbuch) provides for special provisions for residential leases (sec. 549 et seq. German Civil Code). The most important requirements for residential leases compared to non-residential leases include increased protection against termination of the lease by the landlord, restrictions on rent increases and regulations on modernisation measures.
All relevant residential lease laws are generally incorporated in the aforementioned sections of the German Civil Code; eg the last important enactment was the enactment to reduce rent increases in tense residential housing market areas as well as for strengthening the allocation of broker fees for the commissioning of residential real estate (as enacted in the German Civil Code) (‘Restriction on Rent Increases under the German Civil Code’). With the 2022 rent index reform, the Rent Index Reform Act (“Mietspiegelreformgesetz”) was enacted, under which stricter requirements will apply to cities with a population of 50,000 or more for the preparation of rent indexes.
Further important regulations which relate to residential leases:
Apart from these legally standardized deviations, it is possible to make deviating provisions in the contract. Especially in residential leases, the tenant enjoys more protection than in non-residential leases when it comes to judicial interpretation. The courts may control the terms of a lease under the general provisions of the law dealing with standard terms and may declare certain onerous contractual terms void.
In Hong Kong, matters relating to the rights and obligations of landlords and tenants are mainly governed by the Landlord and Tenant (Consolidation) Ordinance (Cap. 7), and residential leases are covered in Part IV and IVA of the ordinance. In particular, Part IVA has taken effect more recently on 22 January 2022 and specifically deals with matters concerning subdivided units in Hong Kong (i.e. by subdividing a flat as shown on the original approved plan of a building into two or more individual units).
As a general note, residential leases in Hong Kong are also governed by the following regulations (which are also applicable to non-residential leases):
Certain categories of residential occupation are subject to specific statutory regimes in Hong Kong.
For public rental housing in Hong Kong, they are governed and regulated by policies of the Hong Kong Housing Authority established under the Housing Ordinance (Cap. 283). Public rental housing are offered to low-income families who cannot afford private rental accommodation and eligible applicants for such housing scheme must pass specific thresholds.
An alternative to low-income tenants, especially if they are waiting to be offered public rental housing, would be to reside in a subdivided unit (SDU). It is a common feature amongst old residential buildings where a flat would be subdivided into two or more individual units to house more people, and are usually rented out to new immigrants, low-income families and the unemployed. Certain domestic tenancies of subdivided units commencing on or after 22 January 2022 are regulated by Part IVA of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) . In general, the scope of regulation covers different types of SDUs in domestic, industrial and commercial buildings (such as cubicles, lofts and rooftop houses), and aims to provide protections to SDU tenants in various aspects, including providing four-year security of tenure for the tenants, restricting rent increase on tenancy renewal, and ensuring tenants will not be overcharged by landlords on utility charges, etc.
The Basic Housing Units Ordinance (Cap. 658), which came into effect on 1 March 2026, establishes a specific regulatory regime for the letting of subdivided units in residential buildings. Under the Ordinance, an SDU must either have valid Basic Housing Unit (BHU) recognition or, during the transitional period, be covered by a valid grace-period registration before it can be lawfully let for habitation. To obtain BHU recognition, the unit must comply with prescribed minimum standards relating to floor area, headroom, structural and fire safety, lighting and ventilation, toilet facilities, water supply, and separate utility meters. Landlords who unlawfully let non-compliant or unrecognised SDUs may incur criminal liability, while tenants are not subject to prosecution.
Short-term accommodation arrangements are subject to separate regulatory regimes. Operation of hotels, motels, guesthouse, holiday flat or holiday camps in Hong Kong is regulated by the Hotel and Guesthouse Accommodation Ordinance (Cap. 349) (HGAO), whereas operation of a flat which contains 12 or more bedspaces occupied under rental agreements is regulated by the Bedspace Apartments Ordinance (Cap. 477). These regimes impose licensing and safety requirements, including compliance with applicable building and fire safety standards. Under the Hotel and Guesthouse Accommodation Ordinance, premises are generally regarded as a hotel or guesthouse if sleeping accommodation is provided for periods of less than 28 consecutive days. Accommodation provided exclusively on the basis of a minimum letting period of 28 continuous days is excluded from the Ordinance.
Generally, rent for private section residential leases can be freely determined. There are certain protected tenancies under Part I and Part II of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) (Ordinance) whereby the rent must be determined in accordance with specific provisions in the Ordinance, but these protected tenancies are now rarely seen in Hong Kong.
For tenancies of subdivided units that are subject to Part IVA of the Ordinance, rent for the first two years can be freely agreed at the outset. However, the rent for the second two-year term is subject to statutory controls. Any increase may not exceed the lower of (i) the percentage change in the territory-wide rental index for all classes of private domestic properties published by the Rating and Valuation Department during the relevant period and (ii) 10%. Rent increases are not permitted during either two-year term.
For public rental housing, rent is reviewed and adjusted by the Housing Authority in accordance with the rent review mechanism set out in the Housing Ordinance (Cap. 283).
Indexation of rent is not a common practice in Hong Kong for private residential tenancies despite there being no restriction on indexation of rent. For public rental housing, the Housing Authority conduct a rent adjustment every two years and such adjustment is based on the change in the income index compiled by the Commissioner for Census and Statistics. Depending on the change in income index in the first and second periods covered by the review, the rent can be increased with a 10% cap or reduced (with no lower limit).
Generally, parties are free to determine the duration of residential leases and there is no limit as to the minimum or maximum duration of the lease term. However, under the Hotel and Guesthouse Accommodation Ordinance (Cap. 349), a hotel licence would be required for residential lettings with a term of 28 days or less, which would be in contravention with the user restriction typically imposed in residential premises by virtue of the applicable Deed of Mutual Covenant provisions which prohibit the premises from being used for commercial purposes. Thus, in practice, residential leases are usually granted for periods exceeding 28 days.
For tenancies of subdivided units (SDUs) that are subject to Part IVA of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7), a regulated cycle of SDU tenancies comprises of two consecutive “regulated tenancies”, each for a term of two years. A SDU tenant is entitled to be granted a second term tenancy after the first term tenancy of two years, thus enjoying a security of tenure of four years in total. Whilst the landlord cannot terminate the tenancy until the term expires (unless under certain circumstances specified in the Ordinance), the SDU tenant may opt to terminate the tenancy early after committing to the first year of each term of two years.
Generally, a landlord cannot terminate a fixed-term residential lease before its expiry unless the lease expressly permits early termination (for example, under a break clause) or if the tenant has committed a breach that gives rise to a right of re-entry or forfeiture. Common grounds include non-payment of rent and breaches of other material tenant obligations.
Landlord may elect to terminate the lease where the tenant has failed to comply with material obligations set out in the lease. In addition, under Part IV of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) (Ordinance), a condition of forfeiture is statutorily implied for all non-payment of rent within 15 days of due date and the landlord can choose to forfeit the lease under such circumstance.
For tenancies of subdivided unit (SDU) that are subject to Part IVA of the Ordinance, a cycle of SDU tenancy comprises of two consecutive two-year terms. The landlord cannot terminate the tenancy before the expiry of the cycle unless under specific circumstances specified in Part IVA:
Under case law, a tenant may terminate the tenancy if the landlord fails to comply with material obligations set out in the lease which constitutes a repudiatory breach of the lease. It is also common for private residential leases in Hong Kong to include a break clause which allows the tenant to terminate the tenancy before the end of term after committing to a minimum duration of term (usually at least for 12 months), for which such residential leases are usually structured as having a fixed term of 2 years that allows one or both parties to terminate exercisable commencing from the 13th month of the term.
For tenancies of subdivided units subject to Part IVA of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7), a regulated cycle of SDU tenancies comprises of two consecutive “regulated tenancies”, each for a term of two years. A SDU tenant must commit to a term of one year during each term and may terminate the tenancy after the first year by serving a 30-day notice in writing to the landlord.
If a tenant is in arrears of rent and has ignored the landlord’s repeated demands for payment, the landlord may commence forfeiture and possession proceedings based on its right of re-entry or forfeiture. They may make a claim against the tenant at:
Once the landlord successfully obtains a judgment against the tenant, a possession order will be granted and the court bailiff will recover the possession of the property on the landlord’s behalf.
Alternatively, the landlord can make an ex-parte application with the District Court known as “distress” by filing an affidavit / affirmation to support the application in a prescribed form, and a distress warrant will be issued if it is accepted by the court. The distress process is generally governed by Part III of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) (LTCO), and the bailiff has the power under the warrant and the ordinance to enter the property to seize movable chattels/goods which are in apparent possession of the tenant and sell them in an auction. The proceeds would first be used to settle any court fees and costs incurred during the distress process, then will settle the rent in arrears, with any remaining amount being returned to the tenant.
The landlord should not re-enter into the premises in a violent manner or attempt to levy any distress action on its own as it may amount to a criminal offence under the Public Order Ordinance (Cap. 245) and the LTCO respectively. In addition, the landlord should not attempt to harass or evict the tenant from the premises by illegal acts as the LTCO expressly provides that any person who unlawfully deprives a tenant of occupation of the relevant premises, or does any act which cause the tenant to give up occupation of the premises, commits an offence and may be liable to a fine or imprisonment.
To maintain a legal action to recover rent under the tenancy, the landlord must have submitted a Notice of New Letting or Renewal Agreement (Form CR109) to the Commissioner of Rating and Valuation for endorsement.
The time required to recover possession depends on the circumstances of the case, including whether the proceedings are contested and the workload of the relevant court or tribunal. There is no prescribed statutory timeframe for obtaining and enforcing a possession order.
It is more commonly provided in residential leases that the landlord will be responsible for its own expenses (such as insurance cost) whereas the tenant will make its own payment for utilities and services. While uncommon in the residential leasing market in Hong Kong, the concept of a triple net rent arrangement can be achieved by contractual agreement between the parties. Such arrangements are more commonly encountered in commercial leases.
For tenancies of subdivided unit (SDU) subject to Part IVA of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7), the landlord can only claim reimbursement of charges for any specified utilities and services payable by the tenant under the tenancy (e.g. water, electricity, gas and communication services). If such specified utilities and services are not independently billed by the relevant authorities or service providers, the landlord can only claim such expenses against the tenant if:
Under section 3(2) of the Land Registration Ordinance (Cap. 128), leases with a term for more than 3 years or with an option to renew should be registered with the Land Registry within 30 days after the date of execution to avoid losing priority against other documents subsequently executed but registered earlier than the said leases that affect the same property. For tenancy with a term of 3 years or less, registration is not required unless it contains an option to renew.
Stamp duty is payable on a tenancy agreement under the Stamp Duty Ordinance (Cap. 117). The amount of stamp duty depends on the duration of the tenancy, set out in the table below:
| Term |
Rate |
| 1 year or less |
0.25% x of the total rent payable over the term of the lease |
| 3 year or less but more than 1 year |
0.5% x of the yearly or average yearly rent |
| More than 3 years | 1% x of the yearly or average yearly rent |
In addition, stamp duty of HK$5 is payable for each counterpart of the tenancy document.
There is no statutory right for pre-emption and enfranchisement. Pre-emption / enfranchisement right is also not commonly seen in residential leases in Hong Kong.
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Generally speaking, in Italy the legal provisions applicable to lease agreements are set forth in the Italian Civil Code (sections 1571 through 1614), which define some basic rights and obligations of the parties to a property lease. Almost all the provisions included in the Italian Civil Code may be departed from in each single property lease agreement, with a few exceptions (eg the maximum duration of a property lease, which cannot exceed 30 years).
However, the majority of the relevant provisions applicable to property lease agreements are included in dedicated laws, namely Law no. 431 of 9 December 1998, as from time to time amended, applicable to residential lease agreements (the ‘Residential Tenancy Law’) and Law no. 392 of 27 July 1978, as from time to time amended (the ‘Commercial Tenancy Law’) for commercial ones (to be intended as non-residential lease agreements).
Since the Commercial Tenancy Law was initially introduced to set out the legal framework for both residential and commercial leases, it includes some provisions regarding residential leases too, such as sections 2, 4, 6, 9 and 11, regarding respectively the sublease, the tenant's withdrawal right, the ancillary services and the tenant's cash deposit (as they still apply to residential leases).
Both the Residential Tenancy Law and the Commercial Tenancy Law set forth certain mandatory provisions that may not be departed from in favour of the landlord. Any departure therefrom, if and when challenged by the tenant, might be deemed null and void and automatically replaced by the mandatory provision of the same law. The rationale of the abovementioned laws is to protect the tenant, it being the latter deemed – wrongly or with good reason – as the weaker party in the contractual relationship. It can be affirmed that in Italy residential leases are a highly regulated sector and that, therefore, the contract templates shall be compliant with the law's rules.
The basic rules for leasing are the same for residential leases and non-residential leases. There are several laws and regulations that affect residential properties (and non-residential properties) for rent. Below is a non-exhaustive list of major statutes with explanations:
1. Book 7, Title 4, Section 5 (Articles 7:232 to 7:282) of the Dutch Civil Code (DCC). This lays down tenancy law for the renting of residential property and is primarily mandatory law. The rules apply alongside general tenancy law rules (Articles 7:201–7:231 DCC) and the general law of obligations embodied in the DCC.
2. The Housing Rents (Implementation) Act (Uitvoeringswet huurprijzen woonruimte – Uhw). This Act elaborates on the mandatory rent protection rules for residential property as referred to in Articles 7:246–7:265 DCC. This act also provides for the existence and the tasks and powers of the so-called rent assessment committee (huurcommissie).
3. Other relevant regulations providing for rent protection are:
4. The Housing Act 2014 (Huisvestingswet 2014) aims to ensure a balanced and equitable distribution of housing space. The Housing Act 2014 acts as a toolbox of instruments that the government can use to ensure that everyone has a fairer chance of getting affordable housing. Municipalities make their own municipal housing ordinances (Huisvestingsverordeningen) based on the Housing Act. These contain the new local regulations. These may include:
5. The municipalities may have their own housing ordinances (Huisvestingsverordeningen) laying down further rules about the allocation of the housing stock, such as permits for social housing and mid-market housing and permits for the conversion of self-contained accommodation into shared housing (such as individual room lettings). For example, the municipalities of Amsterdam and The Hague do have such housing regulations.
6. The Act on the Limitation of Rent Increases for Non-regulated Leases (Wet maximering huurprijsverhogingen geliberaliseerde huurovereenkomsten). Under this Act, landlords may increase the rent annually by a maximum of inflation + 1% or collective labor agreement wage development (CAO-loonontwikkeling) +1%. The Act expires on 1 May 2029. In 2026 (1 January 2026 to 1 January 2027), the maximum annual rent increase will be 4.4%.
7. According to the Rent Allowances Act (Wet op de huurtoeslag) a tenant with low income can apply for housing allowance concerning the rent in low segment housing (social housing). If all tenants are below 21 years of age, the maximum rent is EUR 498.20 in 2026. If the tenant is over the age of 21, the maximum rent is EUR 932.93 in 2026. Tenants who want to apply for rent allowance cannot have capital above EUR 38,479 in 2026. Partners may have a combined capital of up to €76,958 in 2026. The maximum income to be eligible for rent allowance is dependent on the rent, age of the tenant and the household composition (eg children or not).
8. The Good Landlordship Act (Wet goed verhuurderschap). This act enables municipalities to combat undesirable behaviour by landlords, such as housing discrimination, harassment, unreasonable service charges and excessive security deposits. With a rental permit, additional requirements can be imposed on landlords, such as fair rent and timely maintenance of housing. There are also specific rules in the law that improve housing for migrant workers.
9. The Tenants and Landlords (Consultation) Act (Wet op het overleg huurders verhuurder – Wohv), which improves the position and the rights of tenants and tenant organizations by giving them the right to obtain information and the right to be consulted and give advice on aspects such as renovations, living conditions, amalgamations and restructurings in the neighbourhood. In the following cases, tenants will be involved in decisions made by the landlord: (i) tenants who are renting a home in a group of homes (ie, a terraced house or a block of houses) and the home is owned by a housing association or (ii) tenants who are renting a home from a commercial landlord. This landlord rents out 25 or more homes.
10. The Vacancy Act (Leegstandwet) contains provisions on the renting and letting of vacant residential property (in buildings). Owners may, with a license from the municipality, let their vacant residential property temporarily, to which a significant part of the statutory security of tenure does not apply.
11. The Affordable Rent Act (Wet betaalbare huur) (envisaged to enter into effect on 1 July 2024). The government wants to make middle rent affordable again with the Affordable Rent Act. The law ensures that landlords charge a rent that suits the quality of the property. The Act shall regulate that the modernised housing assessment system (WWS) will apply to medium-sized rental houses up to 186 points, with a rent between EUR 879.66 and 1,123.13 (price level 1 January 2024) per month. Tenants will also get better rent protection with the law. Currently, they have to enforce a maximum rent themselves with their landlord, but not all tenants are able to do so. Municipalities will soon be able to intervene if landlords charge too much rent. This law will eventually reduce the rent of 300,000 homes by an average of EUR190.
12. There is a new proposal on Housing Policy Management (Wetsvoorstel versterking regie volkshuisvesting), which aims to empower local, provincial, and national governments to effectively control the housing market. It targets the construction of 981,000 new homes by 2030, with a focus on affordability, addressing the current housing shortage. Governments will be able to set directives on housing quantities, target groups, and locations, potentially overriding local disagreements to expedite construction. The initiative also involves housing corporations in building 300,000 affordable rental units. Municipalities with a small social housing stock, below the national average, will be required to build more social housing. They must include 30% social rental homes in their new housing programs. Municipalities that already have a large social housing stock, above the national average, will focus more on building for middle incomes. They will fulfil their new housing tasks with more than 40% affordable purchase and mid-rent homes. The legislation seeks to streamline legal procedures to speed up housing projects and mandates a more equitable distribution of social housing across regions, aimed at ensuring access to housing for middle and lower income groups. Ratification, publication and entry into force will take place in 2026. The precise date is unknown at the date of this document, being 26 February 2026.
13. The Environment & Planning Act entered into force on the 1st of January 2024. It stipulates municipalities ought to set an environmental plan to designate functions to specific locations, and influence the composition of the housing stock, eg by including the categories of social rented housing and mid-market rented housing. Furthermore if offers the basis for permits related to the use of a property as well as construction thereof as well as fire safety, energy-saving measures, the obligation to have an energy-label and other activity related permissions (through force of the national Decrees belonging to the Environment & Planning Act).
14. The Heating Supply Act (Warmtewet), the aim of which is to protect homes that receive their heat (up to a maximum of 100 kW) from district or block heating, or via collective heat and cold storage at excessively high tariffs. On the grounds of the Heating Supply Act, a landlord (the supplier) was required to conclude a written heating supply agreement with the tenant (the consumer) and maximum tariffs applied. The Heating Supply Act has been amended with effect from 1 July 2019 and since then landlords have been exempted from most obligations that apply to owners under the Heating Supply Act. Heating supply agreements already concluded remain valid.
15. The Collective Heat Act (Wet collectieve warmte), that presumably will enter into force on 1 January 2027, amends the current Heating Supply Act and is intended to promote and guarantee the transition to collective heating (such as district heating). The main objectives of the Collective Heating Act are to ensure a sustainable and reliable supply of heat and to better protect consumers against high energy costs. The Collective Heating Act is seen as a step towards achieving the climate targets as set out in the Climate Act (Klimaatwet).
16. The Regulation for the Stimulation of Gas-Free Residential Lease (Stimuleringsregeling aardgasvrije huurwoningen) aims to reduce the number of homes that are dependent on gas and connecting those to district or block heating. It applies specifically to rental homes and rental/privately owned homes that are part of a building or buildings for which an Owners Association (vereniging van eigenaren) has been established of which one or more members are tenants.
At all times the requirements of reasonableness and fairness apply in the legal relationship between the tenant and the landlord.
Residential Tenancies Act 1986 (RTA)
The main legislation governing residential landlord-tenant relationships is the RTA.
The RTA sets out the parties’ respective rights and obligations, and provides legal protection for both. The landlord’s main responsibilities include maintaining the property, meeting healthy homes regulations, and giving the tenants quiet enjoyment of the property. The tenant’s key responsibilities are to keep the property clean and tidy, pay rent on time, inform the landlord of any repairs needed, and follow the other terms of the tenancy agreement.
To meet their obligations under the RTA, landlords also need to be aware of the specific health and safety related requirements in regulations made under the RTA.
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The Norwegian Tenancy Act (Husleieloven) is the primary statute governing both residential and non-residential leases in Norway. In relation to residential leases, conditions that are less favourable to the lessee than those provided for in the Tenancy Act cannot be agreed or invoked.
In cases of eviction from the leased premises, the Norwegian Enforcement Act (Tvangsfullbyrdelsesloven) governs the process.
In case of a dispute between the lessor and the lessee, the Rent Disputes Tribunal mediates and decides matters in the first instance. This is governed in separate regulations (Forskrift om Husleietvistutvalget).
In Polish law, there are several dozens of acts regarding leases, though few relating to residential leases only. Some key acts are:
Regulation of the Minister of Infrastructure of 12 April 2002 on the technical conditions to be met for buildings and their locations (Polish: Rozporządzenie Ministra Infrastruktury z dnia 12 kwietnia 2002 r. w sprawie warunków technicznych, jakim powinny odpowiadać budynki i ich usytuowanie). The Regulation lays down the technical conditions for buildings and related installations, their location on a building plot and the development of plots designated for the construction of buildings.
Act of 20 July 2018 on the Transformation of the of Perpetual Usufruct Right to the Land Developed for Housing Purposes into the Ownership Right to This Land (Polish: Ustawa z dnia 20 lipca 2018 r. o przekształceniu prawa użytkowania wieczystego gruntów zabudowanych na cele mieszkaniowe w prawo własności tych gruntów).
The Act applies only to the land on which the buildings intended for housing purposes stand. The Act provides for the statutory transformation of the perpetual usufruct right into the ownership of land for owners of single-family houses and of independent premises located in multi-family buildings with commercial buildings, garages and other construction objects; and construction equipment that enable proper and rational use of residential buildings. Landowners are obliged to pay for the acquisition of property rights in the form of an annual payment for 20 years. The amount of the annual fee for the conversion will correspond to the annual fee for perpetual usufruct, valid on the day of transformation. A number of payment reductions may apply.
Regulation of the Minister of Infrastructure and Development of 27 February 2015 on the methodology of determining the energy performance of a building or part of a building and energy performance certificates (Polish: Rozporządzenie Ministra Infrastruktury i Rozwoju z dnia 27 lutego 2015 r. w sprawie metodologii wyznaczania charakterystyki energetycznej budynku lub części budynku oraz świadectw charakterystyki energetycznej).
The regulation specifies for a building or part of a building:
Act of 26 October 1995 on Social Forms of Housing Development (Polish: Ustawa z dnia 26 października 1995 r. o społecznych formach rozwoju mieszkalnictwa) – rules for collecting savings and financing by Bank Gospodarstwa Krajowego of some investment and construction projects aimed at building residential premises along with the principles of operation of social housing associations.
Act of 20 July 2017 on the National Property Resource (Polish: Ustawa z dnia 20 lipca 2017 r. o Krajowym Zasobie Nieruchomości) – the creation and functioning of the National Property Resource; the rules for qualifying and transferring real estate, including building and housing properties, to the National Property Resource.
Act of 20 July 2018 on State Aid in Bearing Housing Expenses in the First Years of the Lease of a Flat (Polish: Ustawa z dnia 20 lipca 2018 r. o pomocy państwa w ponoszeniu wydatków mieszkaniowych w pierwszych latach najmu mieszkania) – rules for the use of subsidies covering part of the rent for the lease of a flat.
Act of 8 December 2006 on Financial Support for the Certain Housing Projects (Polish: Ustawa z dnia 8 grudnia 2006 r. o finansowym wsparciu niektórych przedsięwzięć mieszkaniowych) – concerns the provision of:
- financial support out of the Subsidy Fund, including for the purpose of creating:
- creating, supplementing, and sharing a database of design documentation for the construction of buildings with residential units, as well as managing this database;
- and of managing residential premises for lease, created using financial support where such premises do not form part of a commune's housing resource.
Act of 21 June 2001 on Housing Allowances (Polish: Ustawa z dnia 21 czerwca 2001 r. o dodatkach mieszkaniowych) – lays down the rules and procedure for awarding and determining the amount and payment of housing allowances, and the competence of the authorities in these matters.
Act of 21 June 2001 on protection of tenants’ rights, the housing stock of the municipality and on amending the Civil Code (Polish: Ustawa z dnia 21 czerwca 2001 r. o ochronie praw lokatorów, mieszkaniowym zasobie gminy i o zmianie Kodeksu cywilnego) (Tenants' Rights Protection Act) – specifies the rights and obligations of tenants and landlords, describes the rules of the occasional lease and institutional lease and the principles of the housing stock of the municipality.
Residential leases and non-residential leases are regulated by the same Codes: The Civil Law Code (in a more general way) and the Urban Lease Law (specifically).
Within these laws there are subdivisions regarding each matter: residential and non-residential leases.
In general, on non-residential leases parties have more contractual freedom than in residential leases, since the law privileges residential tenants in the matter of residential leases (although this dualism of regulation has been mitigated in light of the recent legislative amendments to the Civil Law Code, implemented to restrict parties’ contractual freedom to stipulate the contractual terms of non-residential leases, namely regarding the landlord’s possibility of early termination)
Law no. 287/2009 (Romanian Civil Code) provides both a general framework for leases in Romania and a specific framework for residential leases. Articles 1824 to 1835 contain special provisions in respect of residential leases, that amend and supplement the general regulations regarding lease agreements.
Moreover, there are several laws that regulate specific aspects of residential leases, such as:
Below is a list of the key laws governing residential leases in the Slovak Republic:
In Spain, residential and commercial lease agreements are both governed by the Spanish Urban Lease Act (Ley de Arrendamientos Urbanos). The main difference between both kinds of lease agreements under such Act is how the same shall be regulated. To this effect, residential lease agreements shall be governed mandatorily by specific Spanish Urban Lease Act's provisions; secondarily, by the parties' intent and, lastly, by the Spanish Civil Code. In contrast, commercial lease agreements are governed by the intent of both parties as established in their lease agreement and, just subsidiarily, by the Spanish Urban Lease Act and the Spanish Civil Code. Thus, under commercial lease agreements, the parties' will is what prevails over the law, and in residential leases, it is the law that prevails (mainly, to protect the interests of the tenant).
The Swedish Rental Act (hyreslagen) of 1970, which is incorporated as chapter 12 of the Swedish Land Code (jordabalken), regulates both residential and commercial leases. Where statutory provisions are in force, restrictions limit the parties' ability to contract out of them.
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There are over 50 Acts of Parliament and 70 pieces of delegated legislation which affect landlords owning residential property for let. Below is a sample of the main statutes and the areas they cover:
There are various types of residential lease in Scotland, and the key applicable legislation will generally be determined by whether the landlord is a private sector landlord or a landlord (such as a local authority or housing association) operating in the social rented sector.
The main tenancy types in the social rented sector (which is more heavily regulated than the private rented sector) are called ‘Scottish secure tenancies’ and ‘short Scottish secure tenancies’, and are largely governed by the Housing (Scotland) Act 2001, the Housing (Scotland) Act 2010, and the Housing (Scotland) Act 2014.
The key piece of legislation applicable to residential leases in the private sector (the sector on which this commentary focuses) is the Private Housing (Tenancies) (Scotland) Act 2016 (2016 Act). Subject to various exceptions, private sector residential leases entered into in Scotland on or after 1 December 2017 are a new type of tenancy known as the ‘private residential tenancy’ (PRT) and are governed by the provisions of the 2016 Act.
PRTs are indefinite tenancies with no minimum duration and can only be brought to an end by either the tenant or the landlord complying with the 2016 Act's termination procedures (more details below). A model form of PRT agreement containing mandatory and optional clauses has been published by the Scottish Government and is freely available online.
Most private sector residential leases entered into before 1 December 2017 are either ‘assured tenancies’, or, more commonly, ‘short assured tenancies’. These leases are governed by the Housing (Scotland) Act 1988. Although many assured and short assured tenancies continue to be in force to this day, the 2016 Act states that no new assured or short assured tenancies can be entered into on or after 1 December 2017. This means that assured and short assured tenancies are gradually being phased out of existence and, for that reason, this commentary concentrates on PRTs.
A number of other pieces of legislation may be applicable when leasing residential property in Scotland. These include:
The main provisions regulating residential leases in the private sector are set out in chapters 58 and 59 of the Civil Code of Ukraine. At the same time, the Housing Code of Ukraine should apply to the relations of the residential lease, unless it contravenes the provisions of the Civil Code of Ukraine.
There are also some other laws governing residential leases in Ukraine:
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