Resolution of tenancy, tenants not paying rent/paying late

Brian · Post by **Brian** » Fri 08 Jan 2016 17:35

Has anybody experience of procedure to attempt removal of tenants on or after 31 March due to non-payment/late payment of rent? Also any known English speaking solicitors in Ceret/ Perpignan area who could as last resort act (Houssier de Justice and notaire have already been consulted). Tenants are also partially funded when it eventually arrives by CAF (never again!!!).

tia · Post by **tia** » Sun 10 Jan 2016 08:22

hi. my husbands aunt had this problem . you cannot just throw them /out after the 31st of march, you have to go through the courts to get a court order. you can inform the caf that they are not paying the rent. If you haven,t done the court thing then you will probably not get them out by march now, took 3 years for aunt to finally get rid of her renters but the caf did pay some of it. she cut off the water and electricity supply to the house and they still would not budge. If you are not intending on renting it again you could give them their 6 month notice to get out and hope that they will pay somee of the rent in the meantime

Brian · Post by **Brian** » Sun 10 Jan 2016 17:23

Thanks very much for the advice - will have to refrain from suicidal tendancies!! We had previously spoken to Houssier de Justice (Bailifff) who advised initial letter by registered post saying if rent not paid on due date matter will be referred to Houssier, but it seems a Court Order would be required before their intervention. CAF are supposed to pay us direct but of course this depends on tenants applying etc although we have received/returned a form to the CAF but yet to receive any payment. WE will proceed with letter as recommended and try and find a solicitor who has some English knowledge. Tenancy is for one year only, expiring in October so suppose very worse scenario is to wait till then and not renew!!Many thanks again for advice.

tia · Post by **tia** » Sun 10 Jan 2016 19:42

If you have rented since October 2015 , the renters would apply for help with the rent but would only get the first payment in December if they have given all the right paperwork. If any paperwork missing then this could take longer .

Brian · Post by **Brian** » Sun 10 Jan 2016 20:08

Thanks again for advice. Yes, tenants did say might take two months but they have been dilatory and dishonest in a number of ways, also said wanted rent receipt in name of one of them only, not joint receipt as sent to them, we are a bit suspicious. Took them six weeks before telling us one letter wrong in one of their names even though they signed 'lu et approuve'. Also asked for copy of form we returned to CAF - nothing to do with them, threatening that if they didn't get a copy they wouldn't pay the rent, if they did, no problem. We have told them to ask CAF for a copy.

tia · Post by **tia** » Mon 11 Jan 2016 12:14

did you do the bail in both names or just one of them? I would guess that if they are asking for the rent receipt [ which they will need to ask for housing benefit] in 1 name then maybe they have not declared to the caf they are living together, not that this will make a lot of difference to be honest. If they are working and have no kids then they have little chance of getting any benefits and even with kids their revenue will have to be pretty low. Did you not ask for work references and proof of income? housing benefit will only pay a very small amount of the rent unless both are not in employment.

martyn94 · Post by **martyn94** » Mon 11 Jan 2016 13:42

Brian wrote: Tenancy is for one year only, expiring in October so suppose very worse scenario is to wait till then and not renew!!Many thanks again for advice.

I rather doubt it, and in any event you need to check. In general, you still need to give notice (3 months ahead?) that you want the lease to end; otherwise it will roll over.

More generally, I would get my spikes on and be in the starting blocks for the instant the winter trève is over. On my sister's experience (as neighbour, thankfully, not as landlord), it is not hard to spin out the legal proceedings until the trève kicks in again, and repeat that for a period of years.

CD · Post by CD » Fri 15 Jan 2016 17:10

When I was in Canada at this time last year, I overheard a contractor talking about something he had done to help a landlord with tenants that didn't pay.

He simply took the outside doors off the property! Bear in mind the temperature at the time was around minus 20 degrees C!

Apparently this was quite effective...

Given the French custom of using "pin" hinges on doors and windows to make them easily removable, this could be an interesting option.

I have no idea of the legality of such an action, but offer the idea purely for amusement!

Cheers,

Chris

claurent · Post by **claurent** » Sun 24 Jan 2016 15:40

Brian,

I am a litigation lawyer in Perpignan.

This kind of matter is difficult to deal by yourself.

I suggest you contact me and we will find a solution.

Regards,

FORUM