A woman leased her land plot, which has a total area of 2.2580 hectares. However, she did not receive a payment for 2022 amounting to 12,256 hryvnias. This is stated in the decision of the Chyhyryn District Court of Cherkasy Oblast, published on October 8, 2024.
The woman is the owner of a land plot with a total area of 2.2580 hectares, located within the administrative boundaries of the Tynkovsky Village Council in the Cherkasy District of Cherkasy Oblast. On October 1, 2015, she entered into a land lease agreement with LLC "Agrofirma Tenki," under which she provided her land plot for commercial agricultural production on a paid basis. This agreement was made for a term of 7 years with a rent payment set at 7% of the normative monetary assessment of the land plot, which at the time of signing amounted to 4,190 hryvnias per year, based on the normative monetary assessment of the land plot valued at 59,860 hryvnias. The terms of the agreement stipulate that the rent shall be paid by the tenant before December 31 of each year through a transfer to the landlord's bank account or paid through the tenant's cash register or by postal means via money orders or in another form agreed upon by the parties.
On January 1, 2018, the woman signed an additional agreement No. 2 with LLC "Agrofirma Tenki" and LLC "Raiz-Vostok" regarding the replacement of a party and amendments to the land lease agreement dated October 1, 2015. This additional agreement transferred the rental rights of the land plot to LLC "Raiz-Vostok," and also modified the terms of the agreement regarding the rent amount and changed the determination procedure to 10% of the normative monetary assessment of the land plot, which now totals 7,183 hryvnias, with the normative monetary assessment of this land plot increased to 71,832 hryvnias. On April 18, 2023, the lease agreement was terminated due to the expiration of its term, and the relevant information was recorded in the rights registry. In violation of the terms of the agreement, LLC "Raiz-Vostok" failed to make the rent payment for 2022. Additionally, in breach of the agreement, the company did not fulfill its obligation regarding the payment of rent during the period of using the leased land plot, specifically paying it incompletely, without the accrual and payment of rent indexation.
These circumstances led to the court appeal, where the woman requests the court to recover from LLC "Raiz-Vostok" the debt under the land lease agreement in the amount of 12,256 hryvnias, inflation losses for the delay in payment amounting to 869 hryvnias, and 3% annual interest totaling 447 hryvnias.
The court granted the woman’s claim. The court ordered LLC "Raiz-Vostok" to pay her the rental debt under the land lease agreement dated October 1, 2015, for the land plot with a total area of 2.2580 hectares, amounting to 12,256 hryvnias, which includes: rent for 2022 in the amount of 9,094 hryvnias, rent for 2021 in the amount of 719 hryvnias, rent for 2020 in the amount of 358 hryvnias, rent for 2019 in the amount of 291 hryvnias, rent for 2018 in the amount of 572 hryvnias, and rent for 2016 in the amount of 517 hryvnias. Additionally, inflation losses for the delay in payment of rent under the land lease agreement from October 1, 2015, for the land plot with a total area of 2.2580 hectares, during the period from January 2023 to July 2024 will also be recovered. Furthermore, LLC "Raiz-Vostok" will be charged 3% annual interest for the delay in rent payment from January 1, 2023, to December 31, 2023 (365 days, 272 hryvnias) and from January 1, 2024, to August 22, 2024 (235 days, 175 hryvnias), totaling 447 hryvnias.
"The court concluded that after the conclusion of the land lease agreement, the initial tenant violated its terms regarding the completeness of the accrual and payment of rent. After the replacement of the party in the agreement, the responsibility for the violation of its terms was placed on the defendant in the case, LLC 'Raiz-Vostok,' which also systematically violated the specified terms of the agreement during the existence of the disputed relationship and did not pay the rent for 2022 to the plaintiff," the court emphasized.
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