Hello all. I just wanted to ask for some more advice and share some more lessons from the previous discussion I posted 'Advice needed and lessons to share.' On around the 27th March (please see previous post for background) I got fed up with the situation, so sent an email entitled 'Très urgent' to the insurance company responsible for the GRL on our tenant due to be evicted after the 'trève hirvernale'. A couple of days later I got an email to say they had consulted their database and a local huissier had taken back possession of the property on 25th February - the tenant had done a runner and therefore the baliff (huissier) had got a locksmith, gained entry, changed the locks , done a kind of inventory (procès-verbal) and sent the new keys and inventory recorded delivery to the lettings agency!!! Hardly a few minutes after I read this email, there was one from the lettings agent to say that they had not been informed or received the keys!!! To cut a long story short, it took us five weeks to eventually get the keys. This involved multiple calls and emails to the insurance company (who say they are a 'gestionnaire' - the insurance is a government owned entity), bailiff and lettings agent. On 2nd April, we ended up having to go there and pay for a locksmith to let us in to our own apartment. It turns out the people who seem to be at fault were the bailiffs as they were not informing the lettings agent, responding to their calls or emails and sending the keys to an address that was two years out of date, despite having been given the correct address of the lettings agent on several occasions. The damage to the apartment was not extreme but still quite bad (holes punched in the doors, walls painted black, cupboard doors ripped off, fridge with mould in it, etc). We took photos of course and met with the lettings agency. They explained that these will not be covered by the insurance (apart from the doors, possibly) because the 7000 euros damages clause in the insurance policy is not for 'décoration' and only 'dégradation.' The only thing they are going to do it to do an inventory next week and then get estimates from workmen of the required work. They will then transfer as much as the 540 euros deposit the tenant paid as the work estimates total. Therefore, if anyone can help answer the following questions, that would be great:
1. The agency say, despite the fact the apartment is in a filthy state, we can't claim for cleaning services. I thought you could, at least, it has always been part of my contract as a tenant in the UK. I thought in France, you would also have to return a property in the state you found it?
2. If the estimates don't come to the 540 euros that the deposit is, I don't understand what will happen to the left-over money? The tenant did a runner so who will pocket the money?
3. Does anyone know if there is a regulatory authority or similar for letting agents in France?
4. Does anyone know if there is any law governing tenancy deposits in France? I know in the UK deposits are now paid into a government-backed tenancy deposit scheme.
The lessons I wanted to share are:
1. If you are going to let your property be very careful selecting the tenant. The letting agency informed us that the GRL scheme is no longer active because there have been so many problems with it. Further, a nice taxi driver was telling us that he always vets potential tenants himself by asking for references, calling the referees and having interviews. I would certainly advise people to find and choose tenants themselves, even if you then hand over management of the tenancy to a letting's agent.
2. Be aware that tenants have the right to paint the walls of your property any colour apart from black (or so they letting agent told us) without seeking your prior permission. I don't know how the law stands in the UK, but I have always had to seek permission from my landlord before painting etc. as part of my contract.
Thanks and 'Joyeuses Pâcques' to all.
J.