Practices in the market rental housing (second part)

Interaction with landlords Focus group participants clearly describe the modern Russian market rental housing as an unstable and risky. Non-transparent pricing, a large percentage of unscrupulous middlemen, among which there are also real estate, lack of adequate institution leases are not regulated by the legal relationship leads to the fact that both tenants and landlords so do not feel secure. There are several different design options of lease documents. First, the design contract with realtor campaign engaged in mediation between tenants and landlords. It is important to separate the services provided, as has been done research participants: a) purely "information services", that is, providing a potential tenant for payment information on the potential landlord, without any further liability for the conclusion of the lease. Such services are likely to be some form of fraud, when a potential tenant receives the known poor quality information. Among focus group participants and a significant number of experts had in practice to deal with this kind of "business" or fairly aware of its existence. The contract for this kind of "service" usually is, an amount which is usually estimated as the injured party is not worth the effort by a court or criminal prosecution. b) For mediation services, where fees are charged to a potential tenant after his meeting with the landlord and their agreement on the delivery of housing to employment. Suma of this card is usually equal to one month's rent. Contract in this case shall be concluded between all parties. However, the study participants emphasized that the agency in this case not be responsible for compliance with contract terms as the tenant and the landlord and not as not interested in long term lease. On the contrary, agencies are interested in as rapid succession of rent, and new applications to find tenants or housing in hiring. In the study, there were cases when the relationship of the housing landlord ceased employment unilaterally after a few days after signing the contract, and the agency did not carry the responsibility for this situation, do not offset the costs and losses, and offered again to pick up the new version, while charging fees for their services in the same amount of monthly rent. It is easy in this case, suspected fraud, collusion, and already from both the agency and the lessor, within one month donate one and the same living space to various tenants, each time receiving a full monthly payment. That is, brokers are paid for the campaign of tenants and providing them with information services on the market segment of the rental housing landlords, which they have, with whom they communicate. Moreover, the fee is usually determined by the agent and the tenant must pay, because he does not know the pricing schemes for such services. And although the established practice for today relationships with real estate agencies often do not like either tenants or landlords because of lack of responsibility of these campaigns for the quality of their services, but more complaints against them heard by the tenants, who feel themselves in this situation, the least protected side . Secondly, the design of direct agreements between the landlord and tenant. Participants in the study are also identified a number of options practices, formal and informal rules: a) the contract is entered into the "standard" form. Take a ready form of a contract of employment premises and shall be signed by both parties. This form can be taken from the Internet, from estate agency, already be in the hands of one party or another occur in some other way. This contract is for a period of one year, and never fixed. Each side often views it as a certain kind of formality that is needed only to secure an agreement between two parties, confirms the payment, and not intended for use in court or other courts. No one, no taxes in this case does not pay. However, such contracts in case of conflict or breakup refusal to acknowledge the landlord to make lease payments to some extent protect the tenant and may be grounds for the proceedings in the courts. Also, such an agreement can serve as protecting the interests of the lessor in the event of property damage. However, despite the existence of facts trial under such contracts, none of the study participants are not aware of tax collection, ie forcing the legalization of such lease. b) When a contract drawn up a detailed list of all the conditions that each party finds it necessary to reflect the agreement. To this document the parties fit more demanding, expecting to use it to defend its interests in any matters. These treaties have the same validity to a year and just never registered. Taxes are not paid for them, and controversies often assumed to be examined in personal relationships. c) The signed agreement shall be certified by a notary. The parties suggest the possibility, in case of conflict, their continued use in judicial and other external proceedings. The closing date for such contracts as limited to one year, contracts often are not officially registered, and taxes on them are not paid. It is important to note that this practice is often a safer strategy might look like tenants, who at the conclusion of such agreements are additional leverage to lessors, not paying on the signed contracts the terms of taxes. It is true in most cases, the possibility of such a form of self defense tenant is not used. The current practice suggests that such a system of contractual relations by both parties is seen as not very effective way of protecting their own rights and interests. In the study, as participants in focus groups and experts put forward the wishes and suggestions for its modification in the direction of better securing the rights and obligations of the parties to conclude contracts of employment of the housing, the standardization of services for residential recruitment, alignment of pricing and control of external agencies for compliance by the parties Housing contracts of employment. In case of transfer of rental accommodation in the absence of a dominant motivation in the form of profit is not always clear that in general can and should be described in the contract. Such practices often spread among family members or close friends, for whom a personal relationship is more important and more significant clearance of contractual obligations. This group of strategies and practices that are played by agents involved in the rental housing can be characterized as a kind of social partnership. Both parties and the tenant and landlord, as a rule, do not have any transparent mechanisms to ensure fulfillment of mutual obligations. As a result, both parties have to resort to various tricks, which rapidly destroys the already small loan of mutual trust. In this regard, particularly popular mechanisms for delivery (rental) housing acquaintances, relatives, on the recommendation and the like, which involve non-specific to the treaty - the lease mechanisms of trust. Often, tenants and landlords are becoming hostage to personal relationships, or abusive family (relatives). Lack of mechanisms to maintain long-term contractual relationship leads to the fact that rental housing has a lower secondary investment attractiveness. In its accomplishment have little incentive to invest as landlords (whether all tenants break and dirty) and tenants (I'll fix the apartment at his own expense, and the landlord raise the rent or expose). The only exceptions are the elite rental housing to which high demands on security, territorial location, quality finishes and furnishings. Almost all focus group participants are not satisfied with the existing level of contractual relationships and connect with some hope of further improvement, which will eventually provide some stability and security of both tenants and landlords. The contract are often not the function of adopting parties to the agreement of certain rights, and contain minimal information on both sides, just to be able to complete the transaction. Some experts say that there is a "human factor" - the fact that people (both landlord and tenant) has to deal with the agency, put it in a more civilized position, and it will behave more decently. But, nevertheless, in the present situation, when legislation is not worked out, people make the acquisition of various schemes of income, often leaving unsuspecting tenants in high-risk conditions (although in this case, the tenants have to take the practice of "collateral" cost per month rent to protect themselves from such risks). These holes in the legislation used by all who want to rent an apartment in Russia today. And the number of gaps in the laws of the state is directly proportional to the opacity of today's rental market, as each player dictates the rules at their discretion, and the tenant can only obey. A part of the article>>