Protection of tenants of Warsaw real properties in the light of amendment of the Actof 17 September 2020 on amending the Act about specific rules for removing legal effects of reprivatisation decisions concerning the Warsaw real properties, issued in violation of law, the Act on Commercialisation and Some Powers of Employees, as well as the Property Management Act (Journal of

Abstract

On 17 September 2020, there was adopted the amendment to the Act of 9 March 2017 about specific rules for removing legal effects of reprivatisation decisions concerning the Warsaw real properties issued in violation of law3, and the Property Management Act that entered into force as of 20 October 2020. It has fundamentally changed a complicated legal situation of tenants of the Warsaw real properties4 –in many aspects, mainly at two levels. Firstly, it gives greater indemnification guarantee with regard to damage and injuries resulting from the reprivatisation of Warsaw real properties repugnant to the law through the introduction of statutory universal succession of the Treasury in lieu of the capital city of Warsaw as an addressee of liability for damages. Secondly, it significantly extends the catalogue of prerequisites for a refusal to grant decree applications, e.g. through preclusion of reprivatisation of real property, if it is inhabited by a tenant within the meaning of Article 2 section 1 item 1 of the Act of 21 June 2001 on the protection of tenants’ rights, municipal housing reserves and on the amendment to the Civil Code5. Moreover, the Act introduces a series of significant changes organising previous provisions of the Commission Act in order to increase its effectiveness, maximise the assurance of protection of rights of real property residents, and minimise reprivatisation-related ailments.