Non-payment of rent

[Toots]

We bought a small property in Gers region, February 2004.  This was then rented out (unfurnished), through the Immobilier we bought our property from, in June 2004.

The tenant has signed the annual rental agreements for years commencing June 2005 and June 2006.  His rental payments are assisted by CAF (Caisse d'Allocations Families).  The last payment from CAF was for month of July and the tenant's last payment was approx June.

Not sure where we stand.  I know you can't evict a tenant between November and March even if they've not paid - so can he continue to live rent free!!  Also, I've been informed by Immobilier that to take the matter to court it could last 2 or 3 years and we still may not get the outstanding money and may have to pay the court costs.  Has anyone had similar problems and how have they been resolved?

[The Riff-Raff Element]

From what I've seen and heard, your immobilier friend is right. It is a

revolting situation, and I think someone on this board has had a very

similar problem.

One thing I don't quite understand: if CAF are assisting him with payments, why have they stopped paying you?

[Anyone for Cricket?]

Hi

I have posted previously on this subject and I am surprised by your situation.  We rent 4 appartments and one house currently and have done for a few years, we have had non payers but the bailiffs went straight in and got the money. 

 I think it comes down to ability to pay here, our agents are over the top when declining applicants to rent in our view but with all the possible issues I suppose they are right, they never take on anyone who cannot show all of the required paperwork to support their finances and a very good reference. 

If your renters were on some kind of income support I guess pursuing them could be a problem but I don't see you have an option, you need to get some expert advice and soon, as the other poster has said if the gov were supporitng them why have they stopped, that seems odd, if there circumstances have changed you need to know about it. 

The other issue here is the rental period, a one year let 'could' put you in a better position, when you have a 3 year contract you do tie yourself into the let for that length of time, it strikes me that a 1 year let is less than a permenent let and that could be your saving grace.  I would get yourself in front of  an advocat and find out what your options are, tell the agent that is your intention, they might just spring into action anyway, they do have some responsibility here as they chose the tenant etc. 

Lastly we have taken out insurance which covers legal costs for chasing down nonn payers, it's not fool proof but would help in the future.

Good luck

 

 

[Toots]

Hi JPE.  Thanks for this. We are looking at negotiating with the tenant to see if we can resolve this matter.

How and where did you get the insurance you mention for covering legal costs?

Thanks again.

[Anyone for Cricket?]

Hi

The insurance was part of the mandat de gestion, i.e it is part of the contract with the letting agent that we use.  We have the choice of having cover for non payment and recovery and/or the appartment not being let (inocupation).  we have taken both at a charge of 2.20% of the rent per month.  We have used the non payment but not the inocupation as they've always found someone before the last person has left.  I think inoc is only available for town centre appartments like ours which they are pretty sure of renting out quickly, in a rural setting the chances of inoc must be quite high and so I imagine they would not offer it.

 

Regards

[Toots]

Hi JPE.  Thanks for your response.  We'll look into this once we've got this current problem sorted.  Best wishes.