Cyprus Legislation | Purchasing Property
5 years April 12, 2018
Business & Shop Owners in Cyprus: Right to Peaceful Enjoyment of Premises
As per the relevant Contract Law in Cyprus, a business tenant leasing a premises under contract or statute, has the right to “peaceful enjoyment and unobstructed use of the property” without any interference by the landlord, regardless of the type of tenancy agreement or kind of business or store being let.
After you have found an appropriate space for your business, the next stage will be to enter into a rental contract where this right will be implied.
The right to peaceful enjoyment may arise from an expressed or implied term of the tenancy agreement and the business owner who has entered into the rental contract is entitled to the premises from the commencement of the tenancy and to remain in peaceful possession for the entirety of its duration.
Where there is a breach of contract in Cyprus, the landlord may be ordered by an interim prohibition order to stop any interference that obstructs the tenant’s freedom in exercising his rights and to restoration: effectively reverting the shop owner to the situation he was prior to the breach.
The term peaceful enjoyment works in favour of keeping the business owner in possession and enjoyment of the premises for all intended business purposes, and there is a breach where ordinary and lawful use is violated, even by actions taking place outside the property.
What constitutes a breach of the right to peaceful enjoyment?
For example, erecting scaffolding in front of a rented premises that covers the external store signage or prevents the shop owner from effectively carrying out the business constitutes a breach of the right to peaceful enjoyment of the rented premises.
The protection of the above right of the shop owner implies safeguarding the lawful possession and use of the premises and that the landlord or his representative will not carry out any acts that substantially interfere with it.
Click here to read more about opening a shop in Cyprus. Or contact us for specialised advice, we have experts on hand ready to assist you with your new business venture.