If a lease is three to seven years, it can be registered in the land registry against the owner`s title. Modern commercial leases must normally be registered when granted for a period of more than seven years. If the period is less than seven years, it is generally not necessary to register it. In both Poland and the Czech Republic, the lease can only be registered with the agreement of the owner of the property, whose signature must be officially verified. The best time to open this issue with the owner is therefore during the rental negotiations. In the Czech Republic, the lease agreement can only be removed from the register if the termination of the lease is proven in the land registry, except in cases where the duration of the tenancy is terminated, in which case a simple declaration from the lessor is sufficient. In Poland, the application to opt out of the tenancy agreement can be made by the owner of the property or by the tenant. The agreement of the other party to the lease is not necessary; However, the lease can only be cancelled if the application is accompanied by a document attesting that the lease has been terminated (for example. B a notification of termination). Any transfer of a registered lease must be re-censored.

If you are dealing with your first commercial lease, chances are you are not sure about certain aspects of the administration. Finally, commercial leases can, in many ways, differ from the private sector, so that experience, from one point of view, does not guarantee any knowledge in the other. It is also possible to voluntarily register a lease agreement for all previous leases over seven years of age. The land registry records the initial lease signed by the lessor with the tenant`s lawyer and only after completion. In some cases, a lease may not have been registered because it was established prior to the introduction of mandatory registration. However, this is not guaranteed, as a lease is still required for more than seven years. If two people do the same thing, it is not the same thing. This old proverb applies mainly to the comparison of legislation in different countries. Companies in different legal systems sometimes tend to expect the same when, at first glance, the regulation appears to be similar.

Legislation on the registration of leases in public registers is a good example. We have chosen five legal orders in the EEC region – the Czech Republic, Hungary, Poland, Russia and Slovakia – and with these examples we will show how different the regulations can be, even if they seem to implement the same legal principle. In any case, we also summarize another related issue: the impact of the transfer of ownership to a rental property on the associated lease agreement. A – If your lease needs to be registered, you have two months from the completion date to register it. If the application was not received by hm Land Registry at the end of the two-month period, the transaction is legally extinguished. The tenant`s interest rests with the landlord and is held in trust by the landlord for the tenant. The tenant has only a reasonable interest in the property.