Worried One
Magnum
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Posts: 8
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« on: March 04, 2010, 08:43:10 PM » |
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Last Summer prior to my accident I sold my house and was looking around Normandy for a new home, In the interim period I found a gite that I could rent from 6 September (accident day etched on my heart!) until 27 March, The landlord took my rent and a deposit (375€) on the 6 September and then every month on the 1st he would come round and request it. I signed UK Shorthold Tenancy Agreement - written in English that I guess he downloaded from the internet, I was told that he wanted the gite back by the 27 March as he said that he wanted to prepare it for the Easter which I accepted. I asked last week if I could stay an extra night as my removal people could not move me until the 28th and I remembered what he said - he would be working etc etc, Now he says he has a booking. The remedial work he has to do is to take place when I am here in situ (with my permission and he has started one of the tasks)when two of the tasks could have taken place when I was in hospital for 9 weeks. He will not pay back the pro rata rent I have overpaid etc and the Deposit money I am unsure about as the gite will be handed back in a good state as I found it,
Question - is the UK Shorthold Tenancy Agreement acceptable in France
is he liable to pay back my overpaid rent
can he keep my money and take a booking - so in effect he has two payments coming in for the
same period
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PeteM
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« Reply #1 on: March 05, 2010, 10:02:55 AM » |
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Having done a lot of renting, I know that the shorthold tenancy agreement is designed to comply with UK Housing acts, I wouldn't think that it would comply with similar law in France. All it really does is to guarantee occupancy for the tenant for the term of the contract.
Having said that, a contract is a contract, and the basic clauses, ie concerning return of deposit and rent, should hold if both parties have signed it.
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kedge
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« Reply #2 on: March 05, 2010, 03:51:14 PM » |
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The problem with using a contract which is, as PeteM has said, is designed to comply with UK law is that it would not be enforceable in law in France and I doubt whether a UK court would be of help on a contract that may not comply with the laws of the country where it was supposed to be effective.
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glenman
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« Reply #3 on: March 05, 2010, 07:05:23 PM » |
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Yes I would go along with that . I wouldn't think that anything English was of any value at all in France .
If he intends letting again I think that it would be advisable for him to get a French contract .
But perhaps he doesn't understand French ! ! ! !
As far as I know here in France when renting one signs a " BAIL " as they call it and following the Landlord one pays one , two or three months rent in advance as a " Deposit " as you call it .( Caution in French )
But I seem to remember hearing last year that the law had changed in France and they could only ask ONE months rent as a Deposit . This is repaid in full when leaving as long as the place rented is in the same condition as it was when one first rented it .
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buzzybee
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« Reply #4 on: March 06, 2010, 10:41:30 AM » |
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Now I know the meaning of the adage, "never trust an Englishman abroad". ( you guys here, not included of course!)
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Buzzy.
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Jonzjob
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« Reply #5 on: March 06, 2010, 11:57:36 AM » |
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If you want to test the strength of English law here then try making an English will and disinherit your children and show it to a notaire..
If you are living in France then an English contract for renting will not be legal, I am pretty sure of that. The best way to check is, as above, ask a notaire.
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parsnips
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« Reply #6 on: March 06, 2010, 12:26:08 PM » |
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Hi,
Your UK contract is not legal in France , and if the gite is your principal residence, you are entitled to the same protections as if it were a french contract. Most importantly, the lease is for a minimum of 1 year, and you can only be required to leave for serious breaches of the contract, such as non-payment of rent or gratuitous damage. At the end of the year the landlord can propose a new rent which must be reasonable. You can accept it or leave.
He can only commence expulsion procedures (which take about a year) if he wishes to live in the house himself or wants it for a close family member. If he decides to sell , you have first refusal.
If I were you I would tell him I was staying until he settled the rent overpayment or until he completed the court procedure to expel me ( in which he has no guarantee of success).
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