Procedures By Which Local Governments Select Tenders and Enter into Agreements Regarding the Lease of Residential Houses or Residential Premises

Issued pursuant to
Section 19¹, Paragraph two
of the Law On Assistance in Solving
Apartment Matters

1. These Regulations prescribe the procedures by which local governments shall exercise the rights to reach an agreement with owners or possessors of residential houses (also with the State capital companies) regarding the transfer of unrented residential houses or unrented individual residential premises in their ownership or possession to the use of local government, as well as the procedures by which local governments shall select the most appropriate tenders by owners or possessors (also the State capital companies) of residential houses.

2. The local government city council (parish council) or an institution delegated by it (hereinafter - the local government) shall take a decision regarding the organisation of lease tenders selection of a property unit. The decision shall include the following information:

2.1. justification for the necessity of the property unit;

2.2. requirements to be set for the tenderers (including the conditions of the contractual obligations regarding the right of the local government to utilise the leased object in order to provide assistance in the solving of apartment matters and the conditions to be set for the tenderers in respect of the contractual obligations with the recipients of the local government assistance);

2.3. the number, area, number of rooms, location of the necessary property units, the facility requirements for the property unit;

2.4. procedures for and type of payment for the lease of the property unit; and

2.5. other conditions of a lease agreement necessary to ensure provision of the assistance specified in Chapter III of the Law On Assistance in Solving Apartment Matters.

3. The local government shall publish the invitation to apply for a lease tender selection in the local newspaper as well as shall post it in a visible place in the building of the local government or service centre.

4. The invitation shall contain the information referred to in Paragraph 2 of these Regulations and shall specify the place, date, time and procedures for the submission and opening of tenders. The time period for the submission of tenders may not be shorter than 10 working days after the day of publishing of the invitation.

5. The local government shall open the submitted tenders immediately after the end of the time period for the submission of tenders at the place and time specified in the invitation. All the tenderers or representatives thereof may participate in the opening of the tenders.

6. The local government shall evaluate the conformity of the tenders to the invitation and shall select the tender that conforms to the requirements specified in the invitation and has the lowest price.

7. The local government shall record in the minutes the selection process of lease tenders of a property unit. The following information shall be included in the minutes:

7.1. the selection identification number and the date when the minutes were taken;

7.2. the name of the local government;

7.3. the number, type, area (for each property unit), number of rooms, location of the requested property units, the facility requirements for the property unit;

7.4. the given name, surname, personal identification number (for natural persons) and the name, registration number (for legal persons) of each tenderer, the tenders and their price;

7.5. the given name, surname, personal identity number (for natural persons), the name and registration number (for legal persons) of the tenderer or tenderers, with whom an agreement shall be entered into;

7.6. the contract price offered;

7.7. other information if such is necessary for the local government; and

7.8. substantiation of a decision if a decision has been taken regarding the termination of the lease tender selection of property units without having selected any tender. The substantiation of the decision shall specify to which requirements set by the local government the tenderers or their tenders do not conform.

8. The local government within a period of 3 working days after the taking of a decision shall send an extract of the protocol (decision) referred to in Paragraph 7 of these Regulations to all tenderers, as well as shall specify the time and place where the tenderer may get acquainted with the full text of the minutes. If the disclosure of the information may cause harm to the interests of the public or the information is protected by law, the local government shall take a decision regarding the non-disclosure of such information.

9. Within a time period of 3 working days after the end of the time period for dispute or appeal of the decision, if the relevant decision has not been disputed or appealed, the local government shall enter into a lease agreement with the selected tenderer or tenderers. The lease agreement shall contain the following information:

9.1. the name of the local government;

9.2. the given name, surname, personal identity number (for natural persons) or the name, registration number (for legal persons) of the owner;

9.3. the number, type of the property unit(property units), composition of the property units for lease, area (for each property unit), facility-level, number of rooms, floor on which the property unit is located, address and name of the property unit;

9.4. the amount of lease payments and payment procedures;

9.5. the conditions for the transfer of the rental rights to the premises to the recipients of the local government assistance (for example, the procedures for entering into rental agreements, procedures for the collection of rental payments and payments for the services received by the tenant);

9.6. the conditions for the registration of a lease agreement in the Land Register;

9.7. the conditions for the termination of a lease agreement; and

9.8. the time period of a lease agreement.

10. Upon entering into a lease agreement, the local government is entitled to include also additional conditions of the agreement if such are necessary and the parties agree thereupon.

11. The local government shall ensure that the information regarding the selected tenderer and the entering into the agreement is available to the public, by publishing such information in the local newspaper, as well as posting it in a visible place in the local government building.

12. The local government once every 6 months (by 1 February and by 10 July) shall provide the State Agency "Mājokļu aģentūra" [Housing Agency] with the information regarding the lease agreements entered into in the previous 6 months.

13. The State Agency "Mājokļu aģentūra" [Housing Agency] shall compile the information provided by local governments regarding the property units that are leased by them and once every 6 months shall submit such information to the Ministry of Regional Development and Local Government Matters.

14. Cabinet Regulation No. 655, of 30 August 2005, Procedures By Which Local Governments Enter into Agreements Regarding Lease of Residential Houses or Residential Premises (Latvijas Vēstnesis, 2005, No. 138).

Prime Minister A. Kalvītis

Minister for Regional Development
and Local Government Matters M. Kučinskis

Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)