Comparison of Residential Lease Regulation in Russia and Common Law Countries

Legal Aspects of Residential Leases

Residential leases, in addition to everyday details and possible hidden pitfalls, contain numerous legal aspects. The parties often try to regulate them through various legal techniques, and as a result the provisions set out in the written agreement may significantly differ from the oral arrangements.

Unified Contract Forms in Common Law Countries

Ideally, in uniform legal relationships it is useful to have a unified contract template known to both parties. Such a document could be placed on official government resources and adapted to housing and administrative legislation.
A similar approach has been implemented in countries where the common law system is applied. For example:

• Scotland — Model Private Residential Tenancy Agreement;

• Canada (provinces) — Residential Tenancy Agreement;

• Australia (states and territories) — Residential Rental Agreements.

All of them are available on government websites and take into account the requirements of local legislation.

Regulation Example: Keeping Pets

ne of the most notable examples of differences is the tenant’s ability to keep pets.
In Russia this matter is unambiguously within the discretion of the property owner, whereas under English law the owner’s refusal is not absolute and may be challenged. The tenant’s request must be reviewed within 28 days, and the response must be reasoned; otherwise the refusal may be contested. These provisions are expressly set out in the model agreements and in the Frequently Asked Questions published on the official resources of the Government of the United Kingdom.

The Situation in Russia

In Russia residential leasing is the choice of approximately 20% of the population, and in Moscow — up to 35%. However, in no constituent entity of the Russian Federation have the authorities proposed a unified contract form or official guidance for tenants and landlords.
At present it is advisable to use individually drafted lease agreements. However, their preparation should be entrusted to professionals — lawyers or real estate agents. Otherwise there is a risk of significant legal consequences and additional expenses.