Announcement Of Law On The Forced Administration Of Rental Properties

Original Language Title: Bekendtgørelse af lov om tvungen administration af udlejningsejendomme

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=125608

Overview (table of contents) Chapter 1 the scope of the law

Chapter 2 Decision on compulsory administration

Chapter 3 General provisions

Chapter 4 entry into force, etc., The full text of the Ordinance to the law on the forced administration of rental properties

Hereby promulgated law on the forced administration of rental properties, see. lovbekendtgørelse nr. 922 of 31. August 2006, with the changes resulting from § 10 of lov nr. 516 of 7. June 2006 and §§ 124 and 152 in Act No. 1336 of 19. December 2008.

Chapter 1

The scope of the law

§ 1. The law applies to properties with at least 2 apartments are rented in whole or in part for residential purposes.

(2). More condos, falling within the same housing society and owned by the same landlord in this law shall be considered as a property.

(3). Are several properties owned by the same owner, built continuously as an overall settlement, and have these properties common open spaces or any form of joint operation, regarded these as well in this law as a property. The same applies in the case where multiple properties is samvurderet or samnoteret in the land register.

Chapter 2

Decision on compulsory administration

§ 2. Rent Committee may, at the request of resident representatives or a majority of the tenants, as well as in the cases referred to in paragraph 3, decide that an estate must be administered on behalf of the owner.

(2). In municipalities where the rules laid down in chapters II-V of the law on the temporary adjustment of housing conditions is applicable, it is, however, a condition that can be decided in accordance with paragraph 1, the period laid down by the rent Committee under section 22 (3), § 27, paragraph 6, or article 27 a, paragraph 2, of the law on the temporary adjustment of housing conditions have not been complied with. It is furthermore a condition that the Land owners ' investment fund twice previously or one time former within the last 2 years has allowed work to perform for the owners ' expense, without prejudice. section 60 of the Act on temporary regulation of housing conditions, or that the Reasons owners ' investment fund due to a real estate special relationship does not find that could undertake to carry out the work, which is imposed by the rent Committee.

(3). If the Land owners ' investment fund due to a real estate special relationship do not find to be able to undertake the works referred to in paragraph 2, the Fund must give notice to the rent Board. Rent Committee must then within 8 days decide that the property to be administered on the owner's behalf.

(4). In municipalities where the rules laid down in chapters II-V of the law on the temporary adjustment of housing conditions do not apply, however, it is a condition of that decision may be taken in accordance with paragraph 1, that the property is defective, that the landlord was previously slated to leave maintenance work carried out on the property, and that the landlord will then not without undue delay has started and accomplished the said maintenance work.

section 2 (a). For properties that are covered by the rules in Chapter 10 of the Act on urban renewal, as well as Chapter 7 of the Act on urban renewal and the development of cities, can rent Committee at the request of resident representatives or a majority of the tenants, as well as in the cases referred to in paragraph 3, decide that an estate must be administered on behalf of the owner.

(2). However, it is a condition of that decision may be taken in accordance with paragraph 1, the period laid down by the rent Committee pursuant to section 175, paragraph 4, of the Act on urban renewal or section 54, paragraph 5, of the Act on urban renewal and development of the cities have not been complied with. It is furthermore a condition that the Land owners ' investment fund twice previously or one time within the last two years has allowed work to perform for the owner's account pursuant to section 175, paragraph 4, of the Act on urban renewal or section 54, paragraph 5, of the Act on urban renewal and the development of cities, or to Land owners ' investment fund due to a real estate special relationship does not find that could undertake to perform work that is imposed by the rent Committee.

(3). If the Land owners ' investment fund due to a real estate special relationship do not find to be able to undertake the works referred to in paragraph 2, the Fund must give notice to the rent Board. Rent Committee must then within 8 days decide whether the property should be administered on the owner's behalf.

§ 3. (Repealed)

§ 4. A rent Tribunal decision on compulsory administration are regardless of when other rights have been formed or things like, valid towards any of the effects resulting from the provisions of this law.

(2). Decisions on compulsory administration must be notified to the Interior and the Minister of Social Affairs. Rent Committee should let the decision things bright on the property.

Chapter 3

General provisions

§ 5. The Interior and the Minister of Social Affairs shall appoint the administrator and shall fix the remuneration of the administration. In the absence of the property an approved restructuring plan pursuant to section 9 of the Act on the reorganization, or is the property the subject of a decision under section 16 of the same law or of a decision pursuant to §§ 7, 32, 72 or 73 of the Act on urban renewal and housing improvement or a decision pursuant to § § 9, 166 or 167 of the Act on urban renewal or §§ 8 and 76 of the Act on urban renewal and development of cities , takes over the Municipal Council or by corporate reorganization restructuring the company, however, the powers conferred on the administrator.

(2). Is the property the subject of a decision on kondemnering or by injunction after the previously applicable law on residential supervision, take over the Municipal Council the powers conferred upon the administrator.

§ 6. Rent Committee shall determine, in agreement with the administrator a reasonable period within which the required work must be performed, subject to a maximum of 10 years. Is the property the subject of a decision under the previously applicable law on residential supervision, or will the prescribed working contrary to or significantly increase the implementation of an approved restructuring plan for the property, or a decision pursuant to §§ 7, 32, 72 or 73 of the Act on urban renewal and housing improvement or a decision pursuant to § § 9, 166 or 167 of the Act on urban renewal or §§ 8 and 76 of the Act on urban renewal and development of cities , the administrator only perform such works as are necessary in the interests of the residents ' safety.

§ 7. Administrator must inform the secured creditors in the property, if the rights evidenced by things the book, about the takeover of the Administration and of the required work. Mortgage holders can choose to let workers perform at their own expense. Want more mortgagees to perform the workers, have a right of first refusal for a secured creditor in accordance with the standing above.

(2). If the mortgage-holders not within 6 weeks from receipt of the Administrator's notification under paragraph 1 have declared that they want to let the work complete, the administrator implement this on owner's behalf, as soon as is economically possible, cf. sections 9, 10 and 12.

§ 8. The administrator may, where appropriate, with the bailiff's assistance, require disclosure of documents relating to the property.

(2). Administrator has the same right as the owner to familiarize themselves with the information recorded on the property in accordance with the law on construction and housing registration.

§ 9. Administrator receives the property's rental income, any heat contribution and the like. The bearings can inform only pay with discharge to the administrator, unless the tenants pay the rent for the Land owners ' investment fund under section 60, paragraph 6, of the law on the temporary adjustment of housing conditions. In this case receives administrator after notification of the investment fund the excess part of the rental income.

(2). The property has a positive general maintenance Office, cf. section 18 of the Act on temporary regulation of housing, can an administrator require the landlord to pay an equivalent amount to the administrator within 3 weeks after the order to this effect has come forward to the landlord. Administrator must ensure that the amount is not paid in a timely manner, as soon as is transferred to the recovery of arrears collection authority. By attachment to it by the landlord to tenants at the latest released maintenance accounts, cf. section 20 of the law on the temporary adjustment of housing conditions, be used as a basis. If the later is made accountable for the Land owners ' investment fund, cf. section 22 (a) of the law on the temporary adjustment of housing conditions, this accounts for the reason.

(3). Administrator must apply the amount to cover the costs recovered in that order: heating, water, electricity and gas, administration, upkeep, maintenance, straightening, fire safety, insurance, property taxes, payable in compulsory administration period, and, to the extent that the rental income permits, as well the costs of services on priorities.

(4). Administrator determines the order in which the required work for the maintenance, restoration and fire protection will be carried out.

(5). Administrator shall occur in the whole of the owner's place in relation to the tenants, including with regard to the right to according to the law to require rent increases as well as to carry out the re-letting of vacant apartments and other premises. The administrator may also require payment from Grounds owners ' investment fund within the meaning of section 22 (b) of the law on the temporary adjustment of housing conditions.

(6). Measures, as is required under law, may be performed by an administrator.

(7). Working, as enjoined by the rent Committee following the decision on compulsory administration cf. § 2, can be performed by an administrator.

(8). The Interior and the Minister of Social Affairs shall lay down detailed rules concerning the Manager's work and the duty to render account.
§ 10. If neither rental income or fulfilment in accordance with section 9, paragraph 2, is sufficient to cover the costs of required works to the property's maintenance, and straightening or the cost of the measures referred to in section 9, paragraphs 6 and 7, the administrator on the owner's behalf and take out loans as collateral for the loan let things bright mortgage on the property with priority after the property taxes, but without personal liability.

(2). Mortgage letter must, in order to be able to be registered with the Board or the Municipal Board's priority include the rent statement that mortgage letter is as security for loans in accordance with paragraph 1.

§ 11. If there is no loans as mentioned in section 10, the administrator stating the loan need turn to the Municipal Council.

§ 12. If no one within 3 months after the Administrator's letter is approved a restructuring plan under section 9 of the Act on the reorganisation or a decision under section 16 of the same law for property or decision pursuant to §§ 7, 32, 72 or 73 of the Act on urban renewal and housing improvement or a decision pursuant to § § 9, 166 or 167 of the Act on urban renewal or §§ 8 and 76 of the Act on urban renewal and development of cities , provides municipal loan for payment of the budgeted expenditure plus any subsequent increases to the extent that the expenditure cannot be met otherwise.

§ 13. Loans granted under section 12 is the interest rate and grace, until the forced administration repealed. Then repaid the loan within a period of not more than 20 years. Interest rates determined by the Interior and Social Affairs Minister after negotiation with the Minister of Finance on the basis of market conditions for the loan of equivalent type.

§ 14. As collateral for the loan lets Councillor things bright mortgage the property with priority after the property taxes, but without personal liability.

(2). Mortgage letter must, in order to be able to be registered with a priority include municipal Board's statement that secured the letter is to the safety of loans under section 12.

§ 15. The Interior and the Minister of Social Affairs provides interest-free government loans to cover half of the municipality's expenses pursuant to 3 12 within the funds at the annual finance acts shall be granted in accordance with the law on the reorganisation, the Act on urban renewal and housing improvement, law on urban renewal, as well as the Act on urban renewal and development of cities.

(2). The Municipal Council shall pay half of the interest received and installments on the loan to the State.

§ 16. Huslejenævnet1) must remove the forced administration and ensure that registration pursuant to section 4 (2) are deleted when the required work, cf. However, section 6, is carried out and paid for and administrator declares to be satisfaction of its receivables. The same applies if the property is no longer subject to the Act, cf. § 1.

§ 17. Rent Board decisions under this Act may be brought before the Court or housing in the municipality of Copenhagen to an Appeals Board according to the rules laid down in articles 43 and 44 of the law on the temporary adjustment of housing conditions. The decision of the Court of appeal does not have the rights to housing or suspensive effect.

Chapter 4

Entry into force, etc.

§ 18. (Repealed)

§ 19. The law shall enter into force on the 1. January 1985.

(2). Law on the forced administration of rental properties, cf. lovbekendtgørelse nr. 142 of 6. April 1982, is repealed.

§ 20. The law does not apply to the Faroe Islands and Greenland.




Act No. 516 of 7. June 2006 contains the following entry into force and transitional provisions:



section 13

(1). Tax Minister shall determine the time of the entry into force of the Act, see. However, paragraph 2.

Paragraph 2-3. (Omitted)




Act No. 1336 of 19. December 2008, which amends section 9 and section 10, paragraph 1, of the law on the forced administration of rental properties and repeals sections 1-11 of Act No. 516 of 7. June 2006, includes the following entry into force and transitional provisions:



section 167

(1). The law shall enter into force on the 1. January 2009, (...).

(2). (Omitted)
The Interior and the Ministry of Social Affairs, the 17. September 2009 P.M.V. Christian Schønau/Eva P Official notes 1) in section 16, 1. point is ', urban renewal Board ' discontinued, see. § 6, nr. 12 of law No. 406 of 31. in May 2000, but mistakenly included in lovbekendtgørelse nr. 76 of 19. January 2005.