Squatting problems with holiday lets

[Fritz]

As I recall in the UK it is common practice to put in T & C's on holiday lettings websites - particularly with regard to the status of the 'rental' being a holiday let and not a shorthold tenancy agreement as per the Housing Act.

Does anyone know what's best in France? For example, if the owner of the gite is British and resident in France, does one resort to French law if the holiday makers decide to stay put? Or must one apply English law to English clients, Dutch law to Dutch clients etc, etc.

I've read some pretty grim postings re long term letting problems and wonder if I should be worried about problems occurring (very rarely, I suspect) with bad lets.

[Clair]

By definition, a gîte is a holiday let (meublé de vacances), i.e. short-term let.

I seem to remember that the rental period must not exceed something like 90 or 120 days (you should check this...) to the same person.

As the property is in France, French law applies, regardless of the visitors/squatters' nationality.

[Ian Hoare<br>All the best<br>Ian<br>La Souvigne Corrèze<br>http:www.souvigne.com]

Hi Fritz,

Clair's said it all. Nothing to add. In France, french law applies, and that's the end of the story. You don't have a choice and no-one's nationality affects matters.

I think that if you simply called the local Gendarmes (assuming you've done the sensible thing to get to know them and let them know you're the friendly owner) and told them you'd got squatters, they would very probably send round the heavy gang right away.

[letrangere]

they would very probably send round the heavy gang right away.

A far cry from the situation in Britain where landlords have to get their solicitors to give statutory warnings, then go to court to justify why you want them out, etc. and if the judge is on your side they end up in a council house leaving you minus months of rent, hundreds of pounds in costs and a house in need of serious refurbishment.  The only time in my life I ever wished I was related to the Krays was when we had tenant trouble in London.  M

[Miki]

[quote]they would very probably send round the heavy gang right away. A far cry from the situation in Britain where landlords have to get their solicitors to give statutory warnings, then go to court to ju...[/quote]

I think you will find it is similar here Margaret if it is a long let, the squatters or tenants have a fair bit of strength in law to sit tight, especially when children are involved and it is winter.

Ian was possibly talking about holiday lets, if not and it is a long term let the gendarmes would have to extremely careful in their methods of eviction, some judges would not take kindly to hear of violence or threats by the gendarmes concerned.

In the UK, I don't know but I am sure squatters don't (or shall I say I haven't heard of it happening but....) pick on 7 or 14 day holiday lets to squat in do they ? Wouldn't mind doing it myself though in one of those Castle type time share places !!

[Mpprh]

Hi

I think the key point here is that gites are furnished. Therefore you can write a lease defining the period of occupation. If people stay longer, there are legal ways to remove them.

If unfurnished, the law prescribes the terms of the lease, and this is weighted heavily in terms of the tenant. It is almost impossible to remove a tenant who doesn't pay. If he has assets the Huissier can seize, you can get recompense, but it is still a long haul to get an expulsion order.

Search on squatters to see previous posts

 

Peter

 

 

[Ian Hoare<br>All the best<br>Ian<br>La Souvigne Corrèze<br>http:www.souvigne.com]

Hi Miki,

You said

> Ian was possibly talking about holiday lets,

Absolutely. As Clair said, holiday lets - meublés de tourisme are let furnished and as such are not treated in the same was as long term unfurnished lets.

>if not and it is a long term let the gendarmes would have to extremely careful in their methods of eviction, some judges would not take kindly to hear of violence or threats by the gendarmes concerned.

Quite right. And iirc you can't evict someone in the winter months from unfurnished accommodation. No, my comments were to be taken purely in the context of the question asked.

[JohnM]

"but I am sure squatters don't (or shall I say I haven't heard of it happening but....) pick on 7 or 14 day holiday lets to squat in do they ?"

Sadly, I think some squaters in Bath did move into an old lady's house while she was in hospital! As I typed that, I did start to wonder how long she had been in hospital for, if it had been a few months I "suppose" they could be "understood" for thinking it was empty, but I can't find the news story at the moment.

 

[vrooje<BR>Cheers,<br>-Brooke<BR><br><B><A TARGET=blank HREF="http:www.experienceburgundy.com">http:www.experienceburgundy.com<A><B>]

We have a two-page rental agreement which every client must sign before the reservation is considered complete. It specifies that we're providing a furnished holiday rental and that the rental term is not to exceed three months.

As everyone else is saying, it's my understanding that that is the way to stay on the side of rental law that favors the landlord.

I would never consider renting (holiday rental or not) the house to someone without a signed T&C/rental agreement!

[Fritz]

[quote]We have a two-page rental agreement which every client must sign before the reservation is considered complete. It specifies that we're providing a furnished holiday rental and that the rental term is...[/quote]

Is it cheeky to ask to have a look at the said agreement?

[Mikey]

I remember from a news article in 1998 that year 85000 French landlords took their tenants to court for eviction due to none payment of rent, 5000 succeeded in evicting their tenants.

 

[Ian Hoare<br>All the best<br>Ian<br>La Souvigne Corrèze<br>http:www.souvigne.com]

[quote]I remember from a news article in 1998 that year 85000 French landlords took their tenants to court for eviction due to none payment of rent, 5000 succeeded in evicting their tenants.[/quote]

Hi Mikey,

Indeed. But these were not short term holiday lets. We mustn't try to frighten Fritz unnecessarily. A short term (holiday) let of furnished accommodation bears no relationship to a long term unfurnished let. Just as in the UK for that matter.

 

[chocccie]

Would any of you have a T&C I could take a look at please?

Cheers

[Jo Taylor]

Two points to add - do make sure your guests / tenants have a permanent home elsewhere otherwise other factors come into play. Also, make sure the property is completely furnished, because if they do intend to squat they can ask for a tribunal ruling to the effect that the property is inadequately furnished. If they succeed, they will then have the same rights as tenants in unfurnished property which is subject to the "Loi Mermaz" of 1989. French law defines a furnished property as one where the tenant can move in with personal effects only.