THEY ARE RE-OPENING EVICTION PROCEEDINGS FOR TENANTS

 Filenews 30 October 2020 - by Vasos Vassiliou

The socially vulnerable tenants and generally those who rent and at any time can proceed with the process of their eviction, after the relevant legislation has been revoked by the President of the Republic.

The referral of the "Temporary Provisions" (Amendment) (No.3) Law of 2020" for review was made because, according to the President of the Republic, it also violates the fundamental principle of separation of powers as well as the right to contribute, effectively excluding owners from the right to claim recovery of their property.

In yesterday's letter from the President of the Republic, in which he referred back the legislation (recently passed) and called on the House to accept the referral, it is stated that the amended law, which provided for the suspension of eviction proceedings until 30 September 2020, entered into force on 27 March 2020 as a temporary legislative measure to protect tenants from eviction as a result of the situation created by the pandemic restrictive measures on 24 March 2020.

The purpose of the Law (as recorded in its explanatory memorandum) is to "ensure the right to housing and decent living for tenants who have become economically and socially vulnerable due to the ongoing crisis caused by the COVID-19 pandemic". In my view, the President says, the extension of the time extension to the suspension of the discharge procedure provided for in that Law is contrary to the freedom of contract as guaranteed under Article 26 of the Constitution, to the principle of separation of powers and to the right of access to justice enshrined in Article 30.1 of the Constitution.

As the President explains, the above regulation suspends the procedure for issuing decisions and decrees on exports at any stage, without the competent Court ruling that such a suspension is justified. This, according to the President, constitutes interference with the power of the courts, which are the only ones with jurisdiction to suspend their decrees and decisions. "The general and vague reference to the protection of the right to housing and the decent living of tenants who have become economically and socially vulnerable, due to the ongoing crisis caused by the COVID-19 pandemic, instead circumvents the principles of contract law," says the President.