Termination of annual tenancy - advice please

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Brian
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Termination of annual tenancy - advice please

Post by Brian » Sat 20 Aug 2016 17:15

WE have the 'tenants from hell', Huissier has served avis de partir for 24 October, but we anticipate they will hang on in until 1 November for 6 months 'amnesty'. Initial advice was we should take a gendarme on 24 the to witness/assist in removal, they say 'no' go to huissier, they say, nobody comes with you, if tenants don't go, you apply to tribunal. Tenants have aggressive tendancies if riled, we believe, seems we should have someone with us on 24th? Also, what likelihood of getting possession by 1 April through tribunal process? The notice to quit is on grounds we want to sell the property (after the likely months of clean up/ destroying our furniture etc plus dog excrement all over garden). They have already stopped paying their share of rent (CAF pay 60%), don't collect Avis de recommande letters, answer the door or reply to SMS messages. Their names, in case anybody eventually gets an interest in renting by them - Janssen and Sensely - our advice, don't let to them!! We need to keep 'legal' (!), after Brexit vote need to apply for Carte de Sejour in 2 years!!!!!

CPB
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Post by CPB » Sat 20 Aug 2016 21:40

Surely the Hussier go with you to evict them on the 24th?
If not and you have keys maybe let yourself in when they are out and change the locks, leaving their stuff outside.
Or start tribunal action now citing that you can not go over November the first and you are starting in advance predicting issues come 24th October and you need the property vacant and can't wait over the winter period for a spring eviction.

tia
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Post by tia » Mon 22 Aug 2016 13:04

All you have been told is correct. If they do not leave you then apply to the tribunal . After that they will order the gendarmes to go with the huissier to evict them. Unless you already have this order? Huissier would normally go with you if this is the case and change the locks. You cannot legally go into the house and change the locks or throw their belongings outside , if you do any of those you will be the one who ends up being prosecuted. They more than likely know this and i would not expect them to move out as the amnesty is so close. Husbands aunt took 3 years to get renters and they were pay8ng no rent at all at one point. If the CAF are paying 60% of the rent then this will go in their favour not yours.
Good luck

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