Quite often owners of apartments, leaving for a long time, rent their housing for rent. Many of them are forced to return, as soon as there are problems with tenants or an apartment, spending a lot of money. However, now in the real estate market is gaining momentum such a type of burden as confidential administration of the apartment. By concluding a contract of trust management of the apartment you no longer have to spend time and money on solving problems associated with rent.
What is trust management
Trust management, as an encumbrance, is devoted to the 53 Civil Code. If the apartment is encumbed, what can it mean? Regarding trust management, this means that the owner of the apartment (according to the law - the "Founder of Management") transfers its tenant rights to another person ("Trust Governor").
This type of activity is not licensed, so you can entrust the apartment to any person, for example, a lawyer or a real estate, it may be a real estate agency, while this person must be registered as an individual entrepreneur or a commercial organization.
The apartment is managed on the conditions specified by the founder and the managers who conclude a contract of trust management. Such a contract is registered in the cadastral ward.
Trust Agreement
Under the contract, the managing concludes lease agreements on its own behalf, but in the interests of the founder. The founder himself cannot pass this apartment, such a ban is contained in the 1015 article of the Civil Code.
Treaty of trust management of the apartment, the sample of which you can download is necessarily written in writing.
In all documents subscribed by the manager, for example, in the rental agreement, after the name of the manager, it is necessary to make a mark "D.U.", which means that the apartment is burdened by trust management - this requires the law.
The contract must include conditions:
- name and details of the Parties to the Treaty;
- description of the apartment (all data on the apartment contained in the certificate of ownership) are included here;
- the size and form of payment under the contract (in Russia it is 10-20 percent of the monthly rental fee, which is also paid monthly);
- validity period (up to five years).
In the absence of at least one of the listed conditions, the contract is not recognized as valid, this requires Article 1016 of the Civil Code.
The trustee can convey its powers to managing another person, but he will answer independently for the actions of a confidant. Speaking about the responsibility of the manager, it is worth noting that he reimburses the losses caused by the founder, in full, but only on the conditions meaning in the contract.
The term of the management contract cannot exceed five years, but if none of the parties declares its termination, it will be considered extended for the same period and under the same conditions.
The contract is terminated in cases:
- if the owner of the apartment is recognized as incapable, taken under custody or die;
- the founder will go bankrupt;
- if refuses for some reasons, paying the managerial remuneration.
Nuances of the management contract
Typically, such responsibilities of the manager are included in the contract:
- search for tenants;
- payment of an apartment downtime;
- drawing up and conclusion of a hire or lease agreement;
- transfer of an apartment and contained in it the property on the act of receiving and the obligatory description of the property and its condition;
- regular verification of the execution of the terms of the lease agreement (visit to the apartment, survey of neighbors);
- receiving rent;
- payment of utility payments or checking their payment by the tenant;
- apartment insurance;
- conducting the current repair of an apartment or property that is located in it, for example, household appliances;
- payment for taxes for you and delivery of the Declaration, if you are a law-abiding citizen.
In the contract, it is necessary to clearly prescribe - which claims you prevent tenants, the level of rent, how often it is necessary to check the tenants. Also state as and in what size you will be transferred by the rent, the amount of remuneration for management.
Special attention is paid to the method and size of damage compensation if this can happen from tenants.
Secure the condition in the contract to which the manager will report to you - periods of reports and the way they are delivered to you (for example - by email).
Trust management of the apartment, though it carries certain costs on your part, but removes the burden of all the troubles that arise with residents.
In addition, with such control, you will not need to spend money on passing to solve lease problems.
Owners need managers, but fear of different pricks. Why one thing is written in the law, and in practice is quite another.
Rental housing is a very popular operation in the real estate market of the capital. Many owners for years give their free apartments, and they themselves live somewhere abroad or in other cities. In this case, they may need help professionals. Currently, Moscow has companies that provide a trust management service.
On the nuances of this service, rates and how clients who concluded contracts for managing their homes may face, "Metrinfo.Ru real estate magazine tell me the real estate market experts.
Rental rental - profitable business. "Even the smallest apartment in Moscow will bring good profits in Moscow for several months," Inna Ignatkina is sure, the director of the company MIC - real estate in Presnya, - what can I say if the apartment is in good condition. "
But not all landlords live in Moscow, there are apartments in the rental fund, the owners of which are residents of other cities - they specifically acquired housing for investment purposes. Sometimes these are apartments purchased for the younger children, other landlords and live abroad. In many cases, housing owners ask their relatives or friends to monitor tenants and receive money.
It would seem that in such a matter there is nothing complicated: occasionally check the condition of the apartment, take money and send them to the owner. However, according to Inna Ignatkin, often even the closest people cannot pay due attention taken by the work, in addition, when meeting with unforeseen difficulties, others are lost. Therefore, many market participants are puzzled by a question - who entrust the management of its real estate.
Real estate management service is very popular in the West. Russians who are owners of apartments in foreign resorts, are familiar with the proposals from local management companies - find tenants, follow the safety of property and payments.
In Moscow, this service is not so popular yet. According to Sergey Krekova, CEO CENTER ESTATE CENTER ESTATE, the volume of the market is small, and the trust management has not yet grown into a large, serious trend.
However, according to Natalia Scandis, managing director of PM Nai BECAR, every year the demand for trust management service is growing. "For 2013, the demand for trust service increased by 13%," the expert clarified. According to Tatiana Bolubooshenko, head of the rental department An Arin, in 2013, interest in this service grew not only among the owners who are abroad, but also among those who live in St. Petersburg and other cities of Russia.
In addition, the demand is not only from the owners of elite apartments, but also from the owners of housing economy-class. "The advantages of this service are obvious: first of all, the landlord can receive a stable income, being in another country and without the opportunity to regularly monitor his housing," says Timur Abdullin, director of development of the Consulting Group "APHILL".
Set of services
In the framework of the contract for trust management, Sergey Vlasenko says, President of the Corporation of Megapolis - Service Realtors, the Agency is ready to assist in mutual settlements. Realtor can receive money from the tenant and translate them monthly to the owner of the apartment, and at the request of the owner, cash is accumulated on the bank's account.
Vadim Lamin, the managing partner of the real estate agency Spencer Estate, added that, as a rule, the Agency undertakes to find a tenant when the old moves from the apartment and even under the contract it can pay a simple apartment. But in any case, the Management Company guarantees the owner a monthly payment of a certain amount.
Often, apartments are offered for rent in new homes with the condition of repair. In such cases, the owner may entrust the agency or make repairs on its own, or to control how the employer will do, "explains Galina Kiseleva, the head of the rental rental of the company Inkom - Real Estate. - At the same time, all items reflecting guaranteed performance are prescribed in detail in the housing agreement.
At the same time, the experts surveyed by us believe that the set of services that the agencies offer the owner cannot be called "trust management" in the full sense of this word. As a rule, the Agency cannot dispose of the apartment at its discretion - the main word remains for the owner. And the term "trust management" itself implies a different approach.
Trust management by law
According to the law, the procedure for the conclusion and action of the Treaty of Trust Property Management is regulated by the Civil Code, where all its nuances are prescribed. According to Inna Ignatkina (MIC - real estate in Presnya), according to chapter 53 of the Civil Code of the Russian Federation, confidence governance is the transfer by one person (the founder of the Office) to another person (trust manager) of the right to order real estate. At the same time, the ownership naturally remains among the former owner. Natalia Sergeeva, head of the NDV-Real Estate Legal Department, added that the transfer of property to trust management is subject to state registration, and the property is considered transmitted from the moment the appropriate entry in the USRP. Otherwise, the relationship of the parties cannot be qualified as confidential property management.
The trust manager (DB) concludes transactions on its own behalf and disposes of the property entrusted to him to extract the maximum profit in favor of the founder (owner). At the same time, the manager is practically empowered by the owner. He has the right to make a major overhaul, responsible for the shortcomings of the leased property (even if, during the conclusion of the lease agreement, he did not know about these shortcomings), it is engaged in the elimination of malfunctions and accidents in systems of heat -, electricity, water supply within its zone of responsibility. He reimburses the owner of the loss if the property turns out to be damaged and missed, if he failed to show due diligence during control. The risks of the random death and loss of property are also assigned to do.
So the workshop on the rental market is rather a certain list of services provided by the Landlords, but from the position of the law does not have the legal status of trust management.
Agencies are not so rich in order to dispose of someone else's property
Perhaps, due to serious responsibility, Russian Criminal Code and Real Estate Agencies are in no hurry to offer individuals to individuals. "Our company, for example, is not engaged in trust management," said Maria Zhukova, First Deputy Director of Miel - Rent.
According to Vadim Lamin (Spencer Estate), even companies offering trust management services cannot carry out the entire task complex defined by the Treaty at a sufficient level. "At a minimum, you need to have financial reserves, a staff of qualified employees, know the legal basis, to have the appropriate experience," says the expert.
Justified fears
A minor amount of proposal for providing residential real estate management services is also limited in demand. Many owners are not ready to go to the conditions put forward by the companies. "Simple desire to conclude a contract for trust management will not be enough," Timur Abdullin warns ("APHILL"). - First of all, you need to define the real market value of the property, which is going to rent. " People often indicate the inadequate value of the property, howling it or (sometimes) understate.
Many owners fear that the agency to which they entrust their real estate will be incomprehensible to fulfill their obligations, "says Inna Ignatkin (MIC - real estate in Presnya). Thus, realtors, in their opinion, can settle in the apartment of dubious versions, negotiate to check the condition of housing. And, by the way, not without reason - from unscrupulous agencies or not too skillful realtors, you can wait for surprises.
The troubleshooting problems may be related to the fact that the apartment was transferred to the incompetent specialist who put an incorrect price, explains Sergey Krekov, cEO UK CLEVER ESTATE. Therefore, it is necessary that the trust manager has clear motivation on quick search Tenant. Simply put, - the longer the apartment is set, the higher the penalty should be. There must be financial responsibilities if the tenant came, and the apartment is idle.
Vadim Lamin (SPENCER ESTATE) draws attention to the fact that the apartment without the knowledge of the owner can be mercilessly exploited by renting the day, or by passing Koyko. As a result, the owner receives back the "killed" living space, which will have to invest a lot of money for recovery.
However, the agencies have their own claims to rental owners. "We found out with one landlord for a long time, which depth of scratches on parquet coverage are natural wear," says Vadim Lamin, "and" win "it succeeded only after the invitation as an expert of a specialist - parquet."
To avoid all this, the expert recommends reading the contract carefully, carefully register all points on the obligations of both parties. Including - in what form the apartment adopted, and in which, taking into account the normal wear, it should be returned to him. Specify - for what purposes can be used accommodation, and how many people can live in it. Be sure to provide for what time frames, and what scheme payment takes place. And it is necessary to enter into exactly the official treaty that will give certain guarantees, but will require payment of tax.
We'll have to get out
Real estate management service is completely notable. Sergey Krekov (Criminal Code Clever Estate) estimated its cost of 10% of the rent. Tatyana Bolobine, the head of the lease of An Arin, led a figure of 10-25%, depending on the amount of services provided. According to the department of renting apartments of the company Inkom - Real Estate, it can reach up to 30%.
The future depends on taxes
Magazine www.metrinfo.ru asked experts on the prospects for trust management services in the rental market of the metropolitan lease. Our commentators link the future services with several circumstances. "High demand will arise when all legal moments will be settled," said Galina Kiseleva, Head of the Rental Rental of the company Inkom - Real Estate. - This is the registration of the lease agreement, and the simplification of taxation. "
And Sergey Krekov (Criminal Code Clever Estate) believes that taxes must also be reduced. The expert reminds that this year the suggestions have already sounded to reduce the rental tax of apartments to 6%. If this happens, then many landlords will come out of the shadows, they will not be afraid of publicity associated with the registration of trust management agreements and, therefore, will actively begin to use this service.
Often the hip or landlord, passing an apartment (office), does not want to burden himself with concerns associated with receiving rent, control over the condition of the room, the payment of utilities and other troubles. And if not alone passed, and several apartments, and even Landlord himself live in another city and even the country? Does it really come to him and enter into contacts with the employers with whom sometimes it does not immediately manage and meet, and if it succeeds, the meeting can be nervous and empty? Contacts with tenants - the most unpleasant moment for any landlord that sees in dreams just clinging from somewhere calm money streams, without need to run up the throat to disassemble the congestion, if suddenly, God forbid, the streams will clog.
Earnings on renting without direct contact with the employer - this desire can be quite implemented by passing an apartment in trust management. Trust management of rental housing - what is it and how is the real estate rental management agreement?
Realtors in the rental market are a lot, but they all have a limited range of services:
- searches for the employer;
- translons potential customers;
- organizing the placement of the premises, together with his owner;
- conclusion of a rental contract.
According to the exclusive treaty, the realtor is responsible to a little more and only in the case of one-sided termination of the rent with the employer: if the employer moves ahead of time, the realtors should pick up a new client.
It is not worth running to the realtor after the leader is already given by the tenants, and thumps that they turned out to be so-why, and where you watched, and what to do now.
Simple realtors do not bear any responsibility for the selection of "bad" tenants and for anyone in general consequences, like:
- spoiled property;
- flooding of neighbors;
- untimely payment or refusal to pay;
- failure to evaluate, etc.
Fully, if the owner concludes a housing agreement with trust management.
Transactions with rental housing for trust management abroad are 90% of the total number of rental operations. We still have the share of such transactions - only 10% of all annual rental contracts. The bulk of the landlords still does not trust the trust management due to the following concerns:
- trust management rental is too expensive;
- the realtor will definitely make something wrong;
- the lack of continuous control by the owner can lead to the danger of losing real estate or lose the opportunity to dispose of it for a long time.
But this opinion is completely erroneous, and this can be proved at least on the example of the ACRUS real estate agency.
Real estate agency Acrus
Real estate agency ACRUS is engaged in real estate rental transactions since 1998. During this time, more than 2,000 apartments were taken in confidential office. Most customers, according to ACRUS, come to them on the advice of acquaintances working with the agency for many years - this is the result of almost the absence of advertising.
For the hide, it is very important to know the following:
When concluding a contract with the Agency for the Trust Office Service, the owner does not lose the right to control the entire lease process from its very beginning, and the more the right of the owner in the present, or in the future.
Trust management of the apartment rent at all is not similar to the transfer of the car to the property of the new owner by the General Power of Attorney.
It was created to help the ownership owner exercise full lease control through another person, while responsibility at all stages, starting with the conclusion of the contract and until the moment when the employer eats, lies on the trustee. This is the essential advantage of trust management to other types of mediation - services for a typical and exclusive contract.
The full range of services for real estate agency Acrus can be found.
Realtor Features with Trust Management
Passing real estate for trust management, the owner may never even see the face of the employer. As soon as a contract concluded, the Agency begins an advertising campaign for renting an apartment for rent and prepare necessary documents. Of course, the Landlord, if desired, can take part in the selection of a potential client, in the negotiations and a housing show, to visit sometimes in order to make sure that everything is in order with the apartment. But usually all the alerts of the owner, as well as the desire to personally control the state of the apartment, they will disappear after a month, when a person is convinced that it is even better for a person without him:
- Those who remove the apartment easier to work with an unauthorized person - a professional-realtor than with nervous, toooring an alarming owner.
- Control over the tenant realtors are conducted by cultural unobtrusive ways, but to escape from such "OK" is not easy. Responsibility for compliance with the terms of the contract and the preservation of the property of the apartment forced the Agency to work closely with the neighbors, so on non-compliance with residents of the order and rules of residence, the sequencing in the housing of unauthorized persons immediately becomes known to realists.
- The realtor is not only monitored by the state of the apartment, but also eliminates the damage caused, pre-producing an inventory of property, so the owner will not see the end of the rental lit and launched housing.
- Find the board at a negligible employer, to make it pay for damage to the damage to the confidence-management realtor is much easier than the master itself, as it cooperates with the police and the judicial authorities.
- For non-compliance with the terms of the contract, the realtor evicts an unfair guest.
- If the hotel moves ahead of time, the campaign picks up another employer.
- Communal payments stipulated in the lease agreement as required for the owner, also pays the agency (they are held from the rent). Payment of utility payments laid for employers, electricity fees, Internet, telephone international conversations are controlled by the Agency. Control of payments for the agency is a simple task, so it contacts all the utilities and urban services, and he has no need to check the roots of receipts.
- Cooperation with municipal services allows you to quickly eliminate damage to communications and equipment in the apartment.
- Realtor regularly translates the rental owner and, as entity, It can do it on a non-cash payment, which is convenient for the employer (both private and for the employee of the company).
- The insurance of the apartment and its repair is made at the expense of the real estate agency - such a service is included in the standard package of the contract for the provision of a trust management service.
Thus, the Agency can take into control absolutely any apartment, even "killed", bring it in order, and then find the tenant.
Rent a running, unsupported housing for the owner is an unbearable task, but by concluding a trust management agreement, it only pays the cost of the management service, and repair and insurance pays the Agency. What are unsightly conditions?
The agency is carried out at its own expense usually cosmetic repairs. If the owner of the property agrees to more labor-intensive work (redevelopment, re-equipment of the kitchen, bathroom), then the missing funds can be made on credit, payments for which will be deducted from the rent.
The trust management agreement lies in accordance with Chapter 53 of the CF GK "On Trusted Property Management".
According to the regulatory act of ch. 53 of the Civil Code of the Russian Federation, the founder of the Department (owner of the real estate) transfers the second party (Real Estate Real Estate specified in the contract specified in the contract, and he undertakes to manage real estate in the interests of the owner or other person specified by the person. The right of ownership from the founder to the Trustee does not go.
After the conclusion with the owner of the real estate a trust management agreement, the real estate campaign has the right to independently look for the employer, arrange the departures of the apartment and enter into contracts for rent. In all these steps, the owner's participation is optional.
Treaty on trust management does not apply to mediation, but refers to the Service Agreement. It is subject to state registration, which often holds apartment owners: after all, by such a contract, they will be obliged to pay taxes. However, more and more owners want to legalize rent and pay taxes from income as expected.
However, sometimes the agency concludes the so-called Commission's contracts:
- The agency (commissioner) takes an obligation to the owner of the real estate (committee) for remuneration (commission) to carry out on its own name of the transaction in the interests of the owner and at its expense.
- Such an agreement does not require mandatory registration, but to pay or not taxes, the client itself decides.
- The Commission's Treaty gives the right to the client to pass into confidential office even a state or municipal apartment.
How much is a trust management service
. In comparison with a large number of benefits and services provided by the trustees managers, the cost of services are ridiculous - one monthly rent per year or 8.3% of the monthly income from rental housing.
Many people, and sometimes agencies engaged in real estate, confuse and the service of trust management of real estate (apartment). What is the difference?
First of all, in the first case, this is just an agreement on which the object, as a rule, is a production or an enterprise, or some building is transmitted to the management of the Trust Manager. Moreover, this contract with harsh conditions, unprofitable for the owner of the apartment! That is why the contract of trust management is not subject to the transfer of residential real estate in management.
In the second case, this is a range of services provided by the owner, renting its apartment and want to shift on the shoulders of the management company all concerns on the search for the employer and relationship with it during the rental period of the apartment, as well as work, on the content of the apartment in good condition.
What is important - the above-described range of services in different agencies can be provided within the framework of various contracts and otherwise be called. AT lately There were a lot of agencies that declare on their sites that they provide services for the confidential management of the apartment. And it is worth digging upwards - nothing but a little note about trust management, written as under the car, there is no on this site!
To choose agency that really provides trust management services. It is necessary to carefully examine the contract, the list of services provided by the Agency, obligations and guarantees of the preservation of your apartment and property!
Trust management is the way to get the maximum income from renting an apartment.
In fact, the trust management of residential real estate is carried out with one single goal - receiving the master of maximum income from the delivery of the apartment for rent with minimal temporary slats.
In practice, it is quite difficult to solve the task. That is why the service of trust management of apartments is becoming increasingly popular. Imagine that work on the content and maintenance of any residential property monthly requires attention to the technical condition of the apartment and property. In addition, it is necessary to deal with a variety of questions: on protection and insurance, building relationships with employers, representatives of utilities and management companies.
Agree, that modern manliving in Moscow and always experiencing a shortage of free time, but nevertheless wanting to make a profit from putting his apartment for rent, it is quite difficult to productively solve the above set of tasks. It is especially difficult to decide if a person is in a long ability from the city of his stay.
It is for those owners of housing, who would like to retransmit the rental of their residential real estate, but for some reason they cannot choose tenants, follow the execution of housing delivery contracts in Ham, our agency and provides a trust management service ( These include apartments, cottages and office space)
Having provided such a service, we will submit your interests. Throughout the term of the Commission's contract, we will be controlled by observance of the items of the rental contract of the apartment, as well as monetary streams and the status of the property transferred to the management of property.
