ISSUES ARISEN TO RENT ARREARS DETERMINATION ACCORDING TO THE PURPOSE OF PREMISE

Abstract

A significant part of disputes between the parties in the economic activity arises on the issue of establishing the real of arrears amount for rent of communal property. One of reasons for these disputes is the wrongly defined and applied rental rate while determining the rental amount. Amount and terms of rent payment are established in the lease agreement between the lessor (owner) and the tenant, and the lease agreement for such property is the basis for charging rent for the leased property. Application of the rental rate for calculating the rent to the tenant that does not correspond to the purpose of the leased premises, may lead to under-charging and, accordingly, to the non-transfer of rent to the lessor and to the city budget. This article considers the case of application of rental rates while concluding a lease agreement and demonstrates how the rent arrears amount can change in the case of improperly determined rental rate. The analysis of current legislation of Ukraine is given, which is concern of their correct using, namely, the method recommendations about established rental rates for premises using according to special purpose on example of “Methods of rental payment calculation for property, which is in communal property of Kharkiv territorial community and its distribution proportions”, which was approved by 12th session of Kharkiv City Council of 6th convocation from 23.11.2011 № 566/11 and specific lease agreement are analyzed. Presented analysis of the current legislation of Ukraine on rental rates application can help while performing forensic researches related to establishment of real arrears amount for rent while resolving litigious economic disputes.