POMIDA PROPOSALS TO AADE FOR CHANGES TO PROPERTY LEASE DECLARATIONS & COVID!

This is what POMIDA points out in a letter to the Governor of AADE, Mr. Giorgos Pitsilis, signed by its President, Mrs. Stratos Paradia, its Secretary General, Mr. Tassos Vappa and the Tax Technician – Author Mr. Giorgos Christopoulos.

The text of the letter is as follows:

To the Governor of AADE Mr. George Pitsilis

Here Athens, 27.12.2020

SUBJECT: PROPOSALS FOR CHANGES TO PROPERTY LEASE STATEMENTS & COVID

Dear Governors

The the fact of the delay in the process of clearing declarations and paying to the entitled lessors of real estate the amount each of them is entitled to from the rent reductions, which apparently will continue, and the need to put an end to the false declarations of a large number of tenants to their lessors about their alleged rights for rent reduction, makes the following interventions absolutely urgent and necessary in the way the AADE rent declaration and COVID platform works:

A. For the already submitted COVID declarations: PLATFORM OPENING UNTIL 31.1.2021:

1. FOR NEW REDUCTION DECLARATIONS o to cover the landlords from the real, but delayed announcement of the existence of a reason for rent reduction by their tenant, which has already been accompanied by a unilateral rent reduction for the following months, without practical possibility of the landlord to react and claim the withheld rent amounts.
2. TO CORRECT REJECTED COVID STATEMENTS

1. Non-affected tenant for use of commercial accommodation (45,788 rejected declarations): Consider valid the submitted COVID declaration if at the time of its submission to the use of lessee has entered and practices the profession instead of the original lessee, a third party without the knowledge of the lessor.
2. Correction of the reduced rent amount (Case: The rent reduction rates are lower than provided for in law, concerns 21,074 rejected declarations)
3. Filling in the tenant’s tax identification number (concerns 553 rejected declarations).
4. Correction of the incorrectly declared use of the rent property (unknown no. of rejected declarations).
5. Acceptance of declarations for terminated leases, if they concern a period before termination.

B. For the declarations to be submitted as follows:

AUTOMATIC ONLINE IDENTIFICATION OF THE TENANT AS A BENEFICIARY OF THE REDUCTION DURING THE SUBMISSION PROCESS OF LESSOR’S COVID DECLARATION – AUTOMATIC CLEARING OF THE COVID DECLARATION

Automatic display of this critical information when typing and submitting the “Covid Declaration”. For this information, when entering the details of the Lessee (see fig. on the form of the COVID declaration – a/a, VAT number, name/surname), your application must recognize (internally and interoperably) the provisions of the relevant provisions conditions, the right of the tenant to pay a reduced rent, and of the lessor to obligatorily accept the reduction. For example, to pop up or self-fill a relevant field with the indication “it is an activity affected by KAD…….”, or “closed by order of a public authority, with KAD……..”.

In this way, the landlord will automatically know if the tenant’s statement about the right to reduce the rent is true, and if he is entitled to compensation from the State. The said necessary regulation and adaptation of the form will restore the transparency and reliability of the system, will automatically eliminate the false declarations of tenants regarding their alleged right to reduce the rent, will make possible the immediate and without problems and conflicts the liquidation of the COVID declarations, the immediate notification of the lessor about the amount of compensation to which he is entitled, and the possibility of immediate or even short payment. 

C. Changes to the way of listings on the leasing platform

1.  IN THE PROCEDURE TO MODIFY DETAILS OF DECLARED LEASES THAT ARE IN EFFECT (leases whose term begins before 06/12/2020, or even after.)

Possibility to submit as an amending declaration without having to submit a new declaration (from the beginning) that will contain a change (except for the duration of the lease, the lease, the date of the agreement, the details of the “ENERGY CERTIFICATE”) and regarding ONE of the following elements of the original lease:

1. –Change in the person of the lessor (when there is an heir, buyer, donee, child of parental allowance and any kind of new owner of the property).
2. –Change in the person of the lessee (when there is an heir of the lessee or a third party natural or legal person based on a contractual clause of the original lease ). 
3. –Change in the description of the lease (change in area, auxiliary spaces, power supply number)
4. –Change in the use of the lease properties that can be used for both purposes (residence in an office and as a holiday home).

2.  ADDITION OF A FIELD FOR REGISTRATION OF CONTRACTUAL RENT ADJUSTMENTS. In the initial or amending lease statement, there should be fields for registering the subsequent amounts of contractual rent adjustments and their corresponding time intervals, in order to avoid the continuous unnecessary modification of the leases, the declaration of termination of the previous ones & the COVID rejection.

3. CLASSIFICATION OF RENTAL DETAILS IN THE APPLICATION

In viewing the submitted rental declarations as landlords and tenants, in addition to the registration number, date of submission, stage, type, there must be a classification with the POWER SUPPLY NUMBER, as an active field, so that by pressing we can confirm the address/identification of the property (as is also done when submitting the statement). If this is technically impossible, it should be possible to sort by the LAST NAME of the Lessee. Only in this way will we have the overall picture of all the successive declarations concerning the same property, or the same tenant, and it will be pleasant to follow them.

The President The Scientific Associate The Secretary General Stratos Paradias Giorgos Christopoulos Tasos Vappas

           Lawyer A.P.                   Tax Technician-Writer A.P. Lawyer