Non Payment of Rent

Hi

Can you give us an update on where you are and what happened with your contract and rents?

Thanks

New Management company fine. Rents paid quarterly so no problem.

is it still LVR?

No. Original lease company originally tried to sell management contract to LVR. However a local management company eventually took over. They have links to original development company in Toutettes, Fayence, Var

var SymRealOnLoad;
var SymReal;

Sym()
{
window.open = SymWinOpen;
if(SymReal != null)
SymReal();
}

SymOnLoad()
{
if(SymRealOnLoad != null)
SymRealOnLoad();
window.open = SymRealWinOpen;
SymReal = window.;
window. = Sym;
}

SymRealOnLoad = window.onload;
window.onload = SymOnLoad;

//-->
Hi there,



I don'tknow whether or not you are in the same leaseback scheme as
myself but I have an apartment in Giez, Annecy 'Le Birdie' and getting
rent is like getting blood from a stone. I am totally frustrated and
depressed by the whole affair. I was told by France Residence that
assets can be frozen until such time as the rents are paid. The problem
with these contracts are that they don't stipulate what shall happen if
rent is not paid. They jusst sate that they must be paid within two
weeks of due date. I am hoping to find as many people as possible who
are not being paid rent so that we can share the legal costs
involved in taking legal action against LVR Vacances.

var SymRealOnLoad;
var SymReal;

Sym()
{
window.open = SymWinOpen;
if(SymReal != null)
SymReal();
}

SymOnLoad()
{
if(SymRealOnLoad != null)
SymRealOnLoad();
window.open = SymRealWinOpen;
SymReal = window.;
window. = Sym;
}

SymRealOnLoad = window.onload;
window.onload = SymOnLoad;

//-->

FFarrell38956.5003819444

I have an apartment in Tourettes, Var where lease has just been taken over by LVR Vacances. They have dropped rent to 3% of net amount (purchase amount -vat). Are rent reductions legal?

Frank,

I have had major problems with LVR as well. I share an appartment in the Les Sybelles area of the Alps with my sister and brother-in-law which we purchased last January. I have received one quarter payment thus far although my sister has received three quarters. I have enlisted the help of the solicitors we used in the UK for the purchase and still have not received rent. I deal with a guy called Jean-luc Fernandez who continually gives me the same lies. I am considering instructing the soilcitors to proceed with legal procedures.

Chris Godfrey

URGENT:

Chris, please contact me.

Regards,

Hello,

The rent for Q4 2007 has not been paid by LVR for Les Balcons du Soleil.

Today (17 Jan 08), all the owners of a leaseback property at Les Balcons du Soleil in Orcieres, managed by LVR, have received a letter sent by LVR.

LVR wants us to sign the letter, which stipulates that LVR reduces the rent by 30% starting from September 2007! So it is retroactive.

LVR will pay us Q4 2007 upon receipt of the signed letter!

Has any owner from any other Residence/development managed by LVR have received such a letter which is a threat?

Thanks

Hi There,

I have not received such letter from LVR but I am not surprised by their attempts to highjack their clients in your particular residence. LVR are a bunch of thugs. I have personally met the so-called director, M. Ramos. He is incompetent and dishonest. Most people who have invested in the Le Bridie residence have rents outstanding to them. They simply do not pay and this has been going on over three years! We are trying to oust them. Do not accept these terms and try and set up an association and take collective legal action against them. That is what we are doing anyway.

Regards,

Frank Farrell

dear Frank

Thank you for your message. our association is called apart.

Lucky you! You have met the big Mr R. On the phone, it has been told that all his residences will soon receive such a letter! False or True: no clue. With him/them we never know how the future will be.

Regards,

S.

Me again. Sorry but it is important!

Hello everyone

On Monday 20 Jan 08, there will be an online Chat/debate with Mr Bouvard, on the Residence de Tourisme in France. He is part of the new cabinet and has been mandated to do some research on the Residence de Tourisme in France and their current situation.

"Un débat Immobilier : les excès de la défiscalisation, avec Michel Bouvard, député de savoie, aura lieu lundi sur le site des Echos. Infos / participation sur http://www.lesechos.fr/info/chats/300234552.htm." The debate is scheduled to be between 3.30 pm and 4.30 (French time)

Questions are more than welcome, in French and English. You can already post them on the website.

Several French people (me included) are going to ask questions but it would be great if some foreigners have some as well. Hope you will participate. You can refer to the problems mentioned above eg Taxes, Changes occuring during the leaseback period, solutions regarding the non payment of the rent.

The maximum of owners or potential buyers or companies interacting on Monday the best it would be for all of us, as it will for sure all help us in the future.

Thank you

Found the following on a French legal site. It relates to commercial leases which I understand the leasebacks fall under. I am wondering whether tenants of leaseback properties have this 3 year right to terminate the lease irrespective of what the lease actually says.

"French business law illustrates that the statutory standard term or duration of a French Commercial Lease is 9-years, but the lease has break points every three-years allowing the tenant alone to bring the lease to an end.

From the Landlord's perspective a fixed 9-year term is often held to give a certain stability to his income portfolio, but in order to avoid an automatic renewal of the existing conditions he must give notice often at least 6 months before end of the 9-year term (but this notice period could be made longer contractually).

French business law shows that it is generally considered prudent for the service of the formal notice for the tenant to quit to be carried out by a Huissier de Justice, i.e. a French process server or bailiff.

From the Tenant's perspective, he has an absolute right to complete the 9-year term and moreover a statutory right to receive a renewal offer for a further 9-year period, albeit more than probably at an increased rental amount.

However, he also has the possibility of bringing his tenancy to an end at the end of each three year period of his lease.

Great care needs though to be taken when the tenant intends to give notice as, if this were not carried out in exact formal manner at the right moment in time, the tenant may find himself obliged to remain in the premises for a further three year period.

Here again, it is considered prudent for the tenant to use the services of a Huissier de Justice, i.e. a French process server or bailiff to make known his formal intention to terminate the lease. "

Is this relevant or not?

According to my level in english, this seems completely right.

The problem is that there will be no success if the actions without union of all the coowners. People are in the same boat.

This is the weak point of the system and the management companies knows that and use it.

If the MC cannot achieve the 9 years "bail", it will try to resell the "baux" (plural of bail in french)generally with a decrease of the initial rental fare.

Thus : if the MC don't pay, go ahead throught the procedure of huissier (commandement à payer) without waiting and then to the court.

Normaly you will have your bail back and then the coowners can discuss with another serious MC in a total freedom

yes it is relevant

By law everything should come throught or via a bailiff but in practise it is different.

Exples: your mgmt company can send you, by recorded mail, a letter mentionning you the termination of the contract (6 months ahead of the 3 year term). It should normally be via a bailiff/huissier de justice.

If your rent is not paid, you have to send, by recorded mail, a letter called Mise en demeure and then after 8 days if the rent has still not been paid you have to send to the mgmt company either une Injonction de payer or un Commandement de payer, both HAVE to be sent via Huissier de justice.

Can the management company be selective in who they give notice to. For example in some residences where the management are trying to reduce the rent payable and/or impose extra charges, could they give notice of termination of the lease to the owners that won’t accept the new terms whilst continuing the business with the remaining owners, providing there are still sufficient numbers to make it viable?

by law NO but some mgt companies do it! The mgmt company needs 70% of owners in the residence to continue...

so they can choose...