The law firm Rezolut was approached by the tenant of the housing estate of the municipal fund under a social tenancy agreement. After the demolition of the house in which the apartment belonged to him under the terms of a social tenancy agreement, he was denied another living space. The reason for the refusal was the absence of documents of title to the living quarters previously occupied by him and his family. The case was complicated by the fact that the placement of the Principal of the company into the disputed residential premises was carried out in 1991 and all documents were lost by the time of the proceedings.
In the court of first instance, the managing partner of Rezolut, Vasily Dryga, purposefully defended the position on the legality of the settling of the principal and on the fact that relations between him and the administration of Yekaterinburg had actually developed under a social employment agreement. The lawyer argued that the absence of a social employment contract in writing, the absence of a move-in order and other documents of title did not indicate the absence of legal relations as such.
The co-defendants in the present case were the administration of the Ordzhonikidze district of Yekaterinburg and the administration of Yekaterinburg. In addition, as a third party, the court brought MBU “City Committee for Privatization and Release of Land Plots for Development” to participate in the case.
After four months of litigation, the decision of the Ordzhonikidze District Court of Yekaterinburg dated April 30, 2014, the claim was denied in full.
Disagreeing with this decision, the managing partner of Rezolut Vasily Dryga prepared and filed an appeal against the said decision. The result of the consideration of this case by the court of appeal was the cancellation of the decision of the first instance court with the issuance of a new judicial act, which satisfied the claims of the Principal of Rezolut company in full.
Thus, the specialists of the Rezolut company have once again proved their competence in handling complex disputes in the field of real estate and housing legal relations, and the decision made by the court of second instance should certainly have a significant impact on the current law enforcement practice in the region.