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mand
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tenancy

Post by mand »

We let apartment through an agency, We have given notice to the agency that we will be parting company with them because basically they have given us a bad service, but surprisingly all of a sudden our tenant has given notice to quit ( we think he has been put up to this by the letting agent) but when tenants have given notice before the letting agent has always maintained that they have to give 3 months notice, but not this time it's 1 months notice.

here's my problem the tenant gave notice yesterday 2nd December and on speaking to the letting agent she has said the tenant is moving out on 31st December,(that is not a clear 1 month and they are only doing that as to avoid the taxe d'habitation due on the 1st january). the letting agent are just being as awkward as possible, any advise has to where i stand on this because technically his notice to quit wouldn't expire until after 1st January.

Also we are worried because he still owes us taxe d'enleverenent d'ordure menagere for this year which was due in September but he said he couldn't pay it till december....he doesn't have financial problems other that his drinking habit, also worried he might not pay us Decembers rent.
The letting agents attitude is tough basically and has told us there is not much we can do becuase the tenant is over 60 years old and the law are lenient on old people (but it would be good to know where we stand on the taxe d'habitation....even if we get screwed on everything else
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Roger O
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Post by Roger O »

Strange - just when the tenant knows he can't be thrown out till March for nonpayment!! Fishy business!!
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thumbelina
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Post by thumbelina »

I was under the impression that all legal tenancy agreements had a three month notice period, get a copy of it from your agent (if you don't have one already).

To be honest, if it were me, Mand, I think I'd just let him go on 31 December - the sooner he's out of your hair the better, I should say!! It sounds like he could be trouble.

Of course, having said that, I do understand that sometimes economic considerations are a factor and we can't always do as we would like with this sort of thing.
tia
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Post by tia »

hi, legally he has to give 3 months notice and this should be written somewhere in the papers that were signed when he moved in. he obviously paid the caution ( either 2 months or one depending on what date he moved in) which was cashed in, you are not obliged to give him this money back if he did not give the 3 months notice and you can't rent it out straight away. This happened to us a few years ago, we didn't give 3 months notice and the flat stayed empty for 2 months so the owner kept the caution, we knew at the time that he could do this. on the other hand if he stays in the appartment but doesn't pay the rent you will be even more out of pocket, have you actually asked him why he wants to move all of a sudden? ( without going through the agency of course).
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mand
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Post by mand »

apparently because he is over 60 he only has to give 1 months notice, the agency are using the law to suit themselves because before when someone over 60 wanted to leave the agency made them give 3 months notice, but obviously because we are parting company with the agency on the 31st December then they are doing all they can to take the tenants with them and make things as difficult as possible for us.

The tenant has sellotaped all cuttings from newspapers etc everywhere but the letting agent has said that we have to negoitiate with the tenant to get it redecorated.

the deposit is €500, the tenant has got rid of a clic-clac without permission and damaged other items including a buffet, the agency has said we must provide receipts to the tenant for everything replaced and give him any change due :shock:

So if w call someone in to decorate and they charge example €800 we would be out of pocket and if we do it ourselves we would only be able to claim the cost of the paint out of the deposit according to the agent.....

it all seems very wrong to me, I will be glad when it's all over but on the other hand i don't want to be screwed over by this agent and tenant conspiracy (the tenant is going to live in an apartment owned by the agent.....no surprises there)
tia
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Post by tia »

Just wondering who cashed the deposit, you or the agency? if it was you then don't give him it back. legally you have 2 months to give it back to him anyway. Just checked this law for the over 60's and it says that he has to prove that he can no longer live there due to health problems, by the sound of him I think I would be glad to get rid of him but legally if he has no health problem, has not found a new job in another department and his financial status has not changed for the worse then on the 1st of january he is still liable to pay the taxe d'habitation and pay the rent as he is still legally renting the appartment, unless he can find someone to replace him. I think the renting agency are definately trying to rip you off.
Also if he gave you his notice on the 2nd of december then he cannot move out until the 2nd of january anyway so one way or another he is still liable for this tax and to pay the 2 days rent maybe you should send him and the letting agency a letter just to point this out ( although the letting agency are definately aware of this)
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Kate
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Post by Kate »

Might be worth giving these people a ring to see where you stand legally. On the other hand, I tend to agree with Thumbs in that you might be best to get rid asap and put it behind you, as very likely the only one to suffer from it all will be you re stress, hassle etc.
Best of luck whatever you do

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mand
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Post by mand »

Thanks all for the replies.

The agency has held the deposit but the agency obviously are adamant that even though he only gave a mon ths notice on the 2nd December that because he is moving out on 31st that he is not liable for the taxe due on 1st January because he will be living elsewhere and isn't liable for taxe twice.

They are playing on ill health (the only thing wrong with this bloke is his blood count is 99% proof from alcohol). we had to send someone there to do work and the tenant was already on the bottle at 10am...


I will be so glad to get shot because i had to go to the apartment last week and was more than a little shocked to see the state on it, We only bought it 2 years ago and at the time it was being used as a holiday let, but now it is in a terrible state and stinks....no way can we let it out without a refurb.

Just don't like the thought of the tenant and agent ripping us off.
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Post by mpprh »

Hi

Tenants have access to free advice, and if receiving RMI, free legal assistance. From experience I can say that if it reaches this stage, the free legal advice is likely to be 'take it to court". In this case you pay but they don't - and expect pointless appeals, etc to follow.

You need to have accurate advice and follow exact procedures to avoid being in a losing situation. No communications are valid unless by recorded delivery. Verbal statements should be evidenced by a bailiff, etc.

I would suggest you consider :

* Check if you have legal cover as part of your insurance ? If so use it - they will try and resolve it at minimum cost.

* Talk to these people : http://www.anil.org/fr/votre-adil

* Read your lease very carefully - particularly regarding, notice periods and conditions, evidence of etat de lieu, etc

* Read the contract with your agent

* Contact your local huissier



Bonne chance


Peter
The Languedoc Page
www.the-languedoc-page.com
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