From the point of view of the bailiff, this is a normal transfer of territory, which follows the same legal provisions as evictions in any other way.
Helsinki the city has requested a bailiff to evict aviators from Malmi. But how does it work in practice?
To put it simply, it is a matter of handing over Malmi Airport to another party, the city, says the parish office responsible for carrying out the eviction. Jussi Räikkönen From the bailiff.
From the point of view of the bailiff, this is a normal transfer of territory, which follows the same legal provisions as evictions in any other way. Sure, it’s not everyday that the area to be surrendered is an airport.
Basically, the dispute is that the city wants to build a new residential area on the land it owns and the airport association, on the other hand, wants to continue airport operations in the area. The city terminated the lease with the airport association in December 2018 and since then the parties have quarrels about it.
When has the eviction process started?
The City of Helsinki has applied to the enforcement authority to evict the Malmi Airport Association, which was responsible for aviation operations, on 23 December last.
The background is that the Helsinki District Court has condemned the airport association to free up less than 40 hectares of the field area for city management. The association has applied to the Helsinki Court of Appeal for a ban on the enforcement of the district court’s judgment, but the Court of Appeal has rejected the request.
Which party will carry out the eviction?
Eviction is carried out by the enforcement authority.
How does the eviction begin in practice and by when should the evicted person leave?
Law according to which the eviction must take place within four months of the initiation of the case (in the case of Malmi Airport, the date of initiation is 23.12.2020), unless there is a specific reason for a longer postponement.
Eviction begins in such a way that the enforcement authority issues a removal order to the person to be evicted, ie indicates the date by which the area must be removed.
According to HS, the enforcement authority will probably set a date for the airport association to move tomorrow, Friday. The move request urges the association to leave the area and hand it over to the applicant.
What is the migration date for the airport association set by the enforcement authority?
According to Kihlakunnanvouti Räikkönen, at a general level, the starting point is that the date of moving cannot be set earlier than one week or later than two weeks from the date of receipt of the notice of move.
The requested person may request a postponement of the eviction from the executing authority if he deems it necessary. If this happens, the enforcement authority will hear the parties and then decide on the date of removal. It is possible to grant a deferral even if the applicant for eviction opposes the deferral. In the case of Malmi, the removal order is issued by the Superintendent’s Inspector, who operates under the authority of Räikkönen Vout.
How is eviction practiced?
If it were an apartment, a moving company would be ordered for the furniture and the foreclosure authority would put the valuables up for sale.
The bailiff is responsible for handling the property in the event of an eviction. In the case of Malmi Airport, the eviction is directed at the airport association that originally leased the area from the City of Helsinki and all those operators who have entered into agreements with the association being evicted to operate in the area. According to the chairman of Malmi’s friends, there are about 50 planes and helicopters on the field.
When the period of the removal order issued by the enforcement authority expires and if property has remained in the area since then, the enforcement authority will treat this property in accordance with the law, ie the enforcement arch. According to the district government, in such a case, property that can be foreclosed on is foreclosed on and sold. Also, the so-called foreclosed property, which cannot be seized and is not of negligible value, is sold. Normally, the time to leave the area is 1-2 weeks from the date of notification of the removal request.
What means does the enforcement authority have to carry out the eviction?
The bailiff has the right to enter the premises to be evicted and, if necessary, to open the locks by force, for example. If there is property in the area after the date of moving, the bailiff will recover it.