Tenants subletting?

[Washy]

Help...I started renting out my village house to a young couple in June.  No problems, CAF are paying the rent although not as much as I asked.  Yesterday I had a call from a person I vaguely know asking if she could view my house as she had heard it was becoming available again. She had met someone at the garage who had told her that 'some of the tenants were moving out'.  Very curious. It was rented to a couple.  Now some friends in the village saw two young boys, about 16, letting themselves in with the key.

I know I must just pop round and do not need an excuse as I am the owner but before I do I would like to know the implications in store for me.  I know they will only say the extra people are just visiting. 

I have a french contract as recommended by the CAF, and I added a clause (must have been psychic!) to say that if they had friends who stayed for more than 2 weeks then the rent would have to go up.  Can I just write to them and put the rent up?  Should I inform CAF? I do not knoe if it is any business of theirs???

It is a very difficult property to 'spy' on as it is in a tiny street and looks straight out onto the river with a mountain behind....... I can hardly absail down the rockface.......

Any ideas how to handle this???  Does anyone out there have any standard letters I could send to them????

[suein56]

[quote user="Washy"]I know I must just pop round and do not need an excuse as I am the owner ...[/quote]

Unless your tenants are breaking the law then their rights are very strong here so I don't think you have the authority to do that; IMHO if you are concerned you should contact them and ask if you might visit.

[quote user="Washy"]I have a french contract as recommended by the CAF, and I added a clause (must have been psychic!) to say that if they had friends who stayed for more than 2 weeks then the rent would have to go up. ..[/quote]

IMHO you cannot do that either - there are very strict rules about how and when the rent can be increased and long term 'visitors' is not one of them.

Did the CAF have sight of the clause you added? And they approved it?

[quote user="Washy"]Can I just write to them and put the rent up?  Should I inform CAF?[/quote]

No you can't just write to them and put the rent up. Contacting CAF might be a good idea so you can find out what you can and cannot do.

There is a really good website about the ins and outs of renting - from both sides of the equation - I'll try and find it.

Sue - who rents her home here in France

[suein56]

[quote user="spg"]

There is a really good website about the ins and outs of renting - from both sides of the equation - I'll try and find it.

[/quote]

Found it/them

http://www.anil.org/adils/carte.htm

and

http://www.anil.org/.

Sorry if what I said was not what you wanted to hear but I told the truth - tenants are very well protected here. You have rented out your house and to all intents and purposes you do not have the right to go onto that property without being invited by the tenant.

Sue

[Panda]

Hi

I can see that it's got anything to do with CAF, they are simply paying the rent because the tenant you have chosen is without means of their own. In general letting contracts that I've seen tenants can sublet if they wish, ours are all rented through an agency and the agency contract specifically states this as not allowed.

You have the right to contact them and ask them directly what the situation is, you can also enter to maintain the property but you must make an appointment with the tenant, you can't just go in.

Panda

[Washy]

Thanks for the advice.  We do have two heaters to fit so I will be making an appointment to see them. I have only a mobile phone number for them as they have chosen not to have the phone connected. So when I speak to them I know they are not at home as there is no network here in this remote area.

 I have been asking around and apparently the couple I rented to have split up. Both names are on the contract, which CAF did have to approve, but all the money comes in the guy's name but it appears he has gone?  I suppose it could be profitable to him to rent it out at a higher rent and still let CAF pay me.  CAF ok'd the contract at the full rent but only pay me a proportion so I have to collect the balance from them which has not been paid since they moved in in June.  Other information which is only heresay is that the couple are both working and  claiming RMI and the two young lads seen leaving the property with a key are also claiming RMI and working.  This is none of my business I know, and I will say nothing about this if I contact CAF. 

When i remember collating all the paperwork for CAF the couple asked me twice for Quittances for the caution and the premier loyer on account of CAF having lost the paperwork, and I had to sign a form from CAF stating this I hd to give them quittances without receiving money and write 'Non Aquittee' on them, I was not worried about this at the time as I have had to do this before for a tenant known to me. 

Now,  not knowing the french system I cannot work out if there is a fiddle going on here, maybe the two lads are claiming for a ficticious place in my name or the same place?  Could this be possible? 

I think I need to check with CAF that they are not paying me direct to my bank for one couple and to the lads direct for the same place.  I am sure there must be as many fiddles in France as in the UK but having no experience of this in either country I am at a disadvantage,so any more views on this gratefully received.

[suein56]

[quote user="Washy"]Thanks for the advice.  We do have two heaters to fit so I will be making an appointment to see them.
[/quote]

That's good from your point of view as it will give you an opportunity to speak to whoever is living in your house and also to make enquiries about the 'missing' part of the rent.

Sorry I can't help with your other queries - I only know the legalities; regretfully I don't know anything about 'fiddling'.

Good Luck.

Sue

 

[Washy]

Went round today to fit an electric fire as arranged with the tennant, they were not up at 12 noon!!!! must have been a good night last night??? Then a strange face popped out the top floor window and said the tennant would be down in a minute.  Tenant eventually came down apologised for his state but had difficulty getting the door open because of a very big dog inside????  So I had the opportunity to ask who the other guy was, obviously he said it was a friend visiting, the number plates were from out of this area. The dog was his I think.  I decided to write to him about the missing rent, the appointment for the chimney sweep and missing insurance attestation, so I handed him the letter and asked him to read the letters and we would talk when we fitted the washing machine next week.  I asked him upfront if he was subletting to which he answered no of course and the extra people were his friends on holiday.  No sign of his partner but I must say the place was absolutely spotless.  I only got as far as the ground floor as he took the heater off us and said he would fit it....so I said we would check it all next week.  So I am none the wiser actually as to who is living there really but I am getting the rent and the place is being taken care of which is more than some landlords get, so for the minute I will calm down and see what happens.  Thanks for your comments.

[Clair]

[quote user="washy"]I decided to write to him about the missing rent, the appointment for

the chimney sweep and missing insurance attestation, so I handed him

the letter and asked him to read the letters and we would talk when we

fitted the washing machine next week.[/quote]

Washy, can I make a suggestion?

When writing to your tenant, always do so by registered post with proof of delivery (recommandé avec accusé de réception).

The receipt has legal value and can help you prove that you have contacted the person.

Handing over a letter is more friendly, but there is no proof of its existence should you need to start legal proceedings for recovery later on...