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Tenant would allow me access


Harriet1
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I have long term tenants in my house in France in the Poitiers Charantes region. They have been in the house for two and a half years and I have not visited the house. I am aware that they have rights as a tenant, but I have requested access to assess the essential maintenance required but they have refused and will not answer my calls/emails. This is extremely worrying and wonder if there is anyone out there that has advice or can assist?

Help please.
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[quote user="Harriet1"] ... I have requested access to assess the essential maintenance required but they have refused and will not answer my calls/emails. This is extremely worrying ... [/quote]

If they informed you that there was a maintenance problem and then they refused you access to access and rectify the problem then they are in the wrong. But if they refused you access just because you want to have a look around then they are within their rights and tenants rights are very strong in France.

The normal time for you to have a look around is when the état des lieux sortant is being done at the end of the lease.

Sue

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Thanks for your reply and no this is the first time I have used this or any site to seek advice. I believe I should have a right by law but how to achieve access when I live in the UK is a bit more difficult.

They claim they are out working 12 hours a day but even when I offer to attend after 7pm or on Sunday they simply ignore my requests.

Would I need to take a witness/ representative if I were to enter when they were not there ?
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Thanks for your reply and no this is the first time I have used this or any site to seek advice. I believe I should have a right by law but how to achieve access when I live in the UK is a bit more difficult.

They claim they are out working 12 hours a day but even when I offer to attend after 7pm or on Sunday they simply ignore my requests.

Would I need to take a witness, representative if I were to enter when they were not there ?
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 Look on the ANIL site and get the number of your local ADIL office. They may be able to help you.

Their tenacy expires soon, as they will only have a lease for three years. Maybe you should also be checking up on that too and when you can give notice etc, the ADIL really should be able to help.

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Thank you all for your help and advice. Having read the links it is clear that I do have a right to visit the house to assess the maintenance that is required and will make efforts to visit with the appropriate tradesman. Sorry but what is ANIL and ADIL office?
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[quote user="Harriet1"]

Would I need to take a witness/ representative if I were to enter when they were not there ?[/quote]

You absolutely cannot access your property unless your tenants are there ... unless you are accompanied by a bailiff as a result of a court order; or in the company of a police officer due to an infraction of the law.

Please do not believe you can do what you want just because the house belongs to you.

If you do, and your tenants find out, then it will be you who will face the courts !

Sue

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If you do it the fine will only be between 16 and 500FF but the prison sentence is between 6 days and a year.

It is a very very serious offence despite the property belonging to you that counts for little or nothing in France, it is their home which counts for a huge amount and is inviolable even if they havnt paid rent for years.

Find some leverage.

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Do you use an agent? If so, they should arrange the visit.

I agree with Sue and others, you can't just walk in even though it's your house. Look in your contract with them.

We have a rented house in UK and even there we have to make special arrangements with the agent and tenants before we can visit, otherwise it's a serious case of ?trepass.

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We had to look into this issue recently as we were tenants having landlord intrusion (and stolen booze) problems. The law on this point is very clear. In France, if you rent a property to someone it is as if you have sold them the property for the duration of the lease. You have absolutely no guaranteed right of access in any circumstances, and strictly speaking you should not even hold a spare key without the tenants' express written consent. Tread very carefully, the law in France 100% favours the tenant, and the penalties for transgression are considerable.

Another point which not many understand is that unless otherwise stated in your lease agreement, the lease is subject to tacit renewal every 3 years (or every year for a furnished property). What this means is that if you do not give written notice to the tenant at least 6 months before the scheduled end of the lease (3 months for furnished property) that you will not be renewing, the lease is automatically renewed for a further 3 years (or 1 year furnished) on the scheduled end date. In the most extreme case therefore, if you are one day late in issuing the correct notice, you could have to wait 3 more years for another opportunity. If your tenants have been in 2 and a half years and you are having problems with them, you need to be sure not to be powerless to end the arrangement legally at the end of their current lease period!
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Listen guy's I do understand that I just can't walk in but have made repeated requests to arrange a practical solution to enable me to assess the maintenance (that they say is required) but they refuse this. I will need to make other suitable arrangements.

I haven't bothered them for over two years and although I do understand that it is their home, it was once mine and was immaculate. I know that the house is in a bad state and this is effecting any future use and the safety of the house.

So there are two sides to the story, I gave a six week window to arrange to visit, all I want to do is make sure that the work that is required is carried out to maintain the property.

Landlords also have right's and I have tried to be more than reasonable. I am in the process of getting legal advice but be assured, I have always sorted out any problems at the house and feel they are abusing my rights.
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[quote user="Harriet1"]Listen guy's I do understand that I just can't walk in but have made repeated requests to arrange a practical solution to enable me to assess the maintenance (that they say is required) but they refuse this.

I am in the process of getting legal advice but be assured, I have always sorted out any problems at the house and feel they are abusing my rights.[/quote]

It might have avoided a lot of what sounds to you like disapproval by us if you had actually been more open from the beginning.

We can only offer our experiences and our advice if we know the facts.

Good luck with finding a solution.

Sue

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[quote user="Harriet1"]Listen guy's I do understand that I just can't walk in but have made repeated requests to arrange a practical solution to enable me to assess the maintenance (that they say is required) but they refuse this. I will need to make other suitable arrangements. I haven't bothered them for over two years and although I do understand that it is their home, it was once mine and was immaculate. I know that the house is in a bad state and this is effecting any future use and the safety of the house. So there are two sides to the story, I gave a six week window to arrange to visit, all I want to do is make sure that the work that is required is carried out to maintain the property. Landlords also have right's and I have tried to be more than reasonable. I am in the process of getting legal advice but be assured, I have always sorted out any problems at the house and feel they are abusing my rights.[/quote]

Sounds like you are being played, are they still paying the rent?

This could be the opening sequence of their strategy, they may, just maybe be creating a trap hoping you will fall in it, be very carefull and cautious, it sounds like you are being, reading between the lines I'm guessing that the bad state of the house has occured during their occupancy.

This has a familiar ring to it but I hope I am wrong, could it be a communication problems between different languages? I'm clutching at straws here rather than draw an unpalatable conclusion.

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