No.332
Q.: Dear Mr. Loizou,
I have been a fan of yours since you were initially
published in the Cyprus Weekly. I must, however, object
to the advice you gave to J.Ch. on tenants rights. While
the details you gave were accurate in basically stating
the facts of the law and that the tenants have all the
rights. I would have expected at least a comment
encouraging her to be a bit ethical and fair. If she has
been in the premises for 27 years I feel certain she
pays a small fraction of the current level of rent for
similar premises. If the owners want their property back
she should respect their wishes and leave! I inherited
sitting tenants who have occupied a house for more than
50 years. I have repeatedly asked them to leave, but of
course I have no legal recourse. Even solicitors have
advised me that I am fighting a losing battle. The
tenant is very old now and my biggest worry is that the
house will be passed to her children when she dies. I
have had to pay the SALA connection fees, and continue
to pay them. I asked for their assistance with the
initial connection charge and was simply told no way
they would assist. At the time the connection charge
equated to six months of their rent. By the time I pay
income tax on the rent, property tax, and the SALA
charge I am basically left with nothing. The house is in
a dismal state of disrepair as I have no reason to
invest in it. The property is in the center on Limassol
and I wish to use if for my own, but the antiquated
rental laws in Cyprus deny me of my right to my own
property. I was curiously following the Orams case and
was quite amused when the European Court awarded a
settlement to the legitimate owners. Thousands of people
lost their property to the Turks, but little attention
is given to those who lost their property to the unfair
rental laws of the legitimate government of Cyprus.
Surely Mr. Loizou you must agree it is time these laws
are changed. My advice to J.Ch. would be to get out of
the property and find a new shop. You have taken
advantage of your landlord long enough. Ever wonder why
the property wasn’t maintained all these years? Probably
because the rents were being paid by sitting tenants
like you and the owner could not afford the expense.
Robert Beeks
A.: My dear Sir, I have stated the law and the recourse
she can undertake. I am addressing a similar letter to
another reader regarding repossession of premises which
will be published in the Cyprus Weekly. Far from
discouraging both readers, I have given them valuable
information on how to fight back (in both cases). This
is the law and it is unfair to a great extent. Having
said that, I understand that the property owners
association is taking the Government to the European
Court on this. We have to wait and see.
Regards,
A.P. Loizou
3/29865-td
26.4.2010
No.333
Q.: Dear Mr Loizou,
Please can you assist me with any advice possible, My
mother died several years ago in Limassol, Cyprus and I
inherited a two bedroom flat which is currently rented
out and has been for the last 15 years to an elderly
lady who receive benefit and assistance from the
government.
My mother in her wisdom did not increase the rent for
over 12 years and the rent has been static at 226.00
euros per month for the Last 12 years.
I have been informed that I can do nothing with regards
to selling the property or increasing the rent. I am a
uk resident married with 4 children and who would like
to sell this property as this is the only inheritance I
received from my mother.
Please can you advise and help with any assistance, What
are my rights? The tenant refuses to leave, she refuses
a rent increase of more than 8%, she has not paid any
rent now for 4 months, even though her rent is paid by
the government, I have been advised that she can do what
she likes as she is a pensioner and I do not have any
rights. If a relative of mine wants to live in the
property, they cannot, because she refuses to leave.
Surly, there must be some right of law for a landlord.
Please help me.
With Regards
Sophoclis Evangelides
A.: You must appoint a solicitor who will undertake
legal action for eviction. One of the grounds of
eviction is the non-payment of rent. You can also ask
for a court order to return the property to you, if you
are going to use it for own use or for your children.
You have the right to ask for an increase in rent up to
14% (8% refers to shops only) or 90% of the average
rentals in the immediate neighborhood.
You can sell the property as is, but with a substantial
discount due to the statutory tenant, unless you use the
two options offered plus the rental increase. A
solicitor/ legal action is required I am afraid.
Regards,
A.P. Loizou
3/29851-td (26.4.2010)
No.334
Q.: I read your article every week and have also been
provided with valuable information from you in the past,
so thank you very much.
I am nearing the completion of my house being built but
I would be interested to know if a concrete shed or
garage not attached to the house is classed as part of
our build percentage or does the build percentage only
includes the actually living area?
Regards
J Hughes
A.: I am afraid if you have a covered garage/shed it
will be calculated as part of the building density.
Regards,
A.P. Loizou
3/29859-td
26.4.2010
Νο.335
Q.: Dear Mr. Loizou
I took the liberty of asking your professional opinion
in relation to the market situation in Peyia, there is
an abundancy of flats available for sale at a variety of
prices but all significantly reduced compared to 2008
prices. When is peyia expected to recover to the pre
crisis prices if ever , and should an investor take
advantage of the situation of the market to enter the
area, or is it an are that reached it's peak and will
never recover the downfall
Thanks in advance for your feedback as we are living in
confused times (investment wise)
best regards
Eva
A. The situation prior to the recession will not recover
earlier than 1½-2 years from today, always depending on
the volume of supply. I will suggest that you reassess
the situation after September 2010. But investment of
such kind always entails risks regarding the timing of a
resale, which as a rough estimate and provided no
substantial new projects come into the market, it might
mean a waiting period of 1-2 years. It will also depend
on the acquired price, the payment terms, resale
clauses, existence of title deeds etc.
Regards,
A.P. Loizou
3/29867-td
27.4.2010
www.aloizou.com.cy
www.aloizou.ro
www.aloizou.ru
ala-HQ@aloizou.com.cy
