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20.04.2020

Objective

The owner of a non-residential premises equipped as a beauty salon and leased on a long-term basis violated the terms of the Lease Agreement and the landlord’s priority right to acquire the lease provided the sale stipulated by the Civil Code, namely, the owner sold the premises to a third party without offering to acquire it first to the leaseholder.

 

In fact, under such circumstances our Client was deprived of the right to rent the premises, since the new owner refused to re-sign or extend the Agreement.

 

As the result, the Client lost a significant money sum (approximately amounting to UAH 1 million) that was used to repair and improve the conditions of the facility over three years of its operation, which the owner eventually refused to compensate.

Team

Anton Bezrukov

Anton Bezrukov

LEADING EXPERT, LAWYER

Real Estate Management.

Roman Pavlovskij

Roman Pavlovskij

LAWYER

Areas of expertise: civil and commercial legal relations. An appeal of the acts and failure to act on the part of the state officials and local government.

 

Solution

In order to protect our Сlient’s interest the legal team of attorneys at Soventik Limited Liability Company («Sovetnik» LLC) chose to protect violated rights by filing a lawsuit to the Commercial Court of the region for transferring the rights and obligations of the Buyer under the Sales Agreement. After filing a lawsuit, the Respondent terminated the Sales Agreement and requested the court to dismiss the case.
During the court hearings, «Sovetnik» LLC attorneys convinced the court that the subject matter of the dispute remained intact even after the termination of the Sales Agreement, as well as the landlord’s violated rights were not restored, and that the Respondents had no legal basis for terminating the aforesaid agreement after the filing of the lawsuit.

Outcome

As a result of the case, the Respondent’s motion was dismissed and the Claim filed by «Sovetnik» LLC attorneys was satisfied, allowing to protect the Client’s rights against unfair actions of the opposing party.
As a result of the litigation, the Claimant’s priority right to acquire the leased property was restored.

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