Residhotel in Administration

23 Février 2009

I have just heard Residhotel have gone into administration. This is not confirmed but has anyone else heard anything?

Portrait de Tuulia
Soumis par Tuulia le

Hi all,


Did anyone else receive the documents from Societe Arte (in the last few weeks) relating to an AGM that was held on 8th June? There also seemed to be statements with owners' names detailing who has paid what, and which owners have balances outstanding. Do you know if the balances relate to 3Q10? Myself and the co-owner have paid all fees requested by Societe Arte up to 2Q10 but it looks like we have one quarter outstanding according to the statement. It also looks like the last page needs to be returned but I'm not sure how to fill it out (no French). Needless to say, we weren't able to attend the AGM...if anyone has a better grasp of French, and can just outline the important points in this document, I would be grateful.


Thanks!

Portrait de cordiez
Soumis par cordiez le

Dear Cath,

No compensation can be claimed from Lessors where the

latter refuse poorer rental terms.

If the leaseback company is in Sauvegarde, the company's

Official Receiver may threaten those owners who refuse

revised rental terms to cancel their lease. Should this

materialise, no compensation is due to the leaseback

company of course, but part of the initial VAT exemption

may be due.

Soumis par Cath le

I am glad to hear that the advice from french investors seems to suggest that better to accept the offer as that is also my opinion. Again I will only be down €1600 so I suppose it is easier for me to say and apart from my first three months rent which never got paid I have received everything since right on time. So hopefully things can only get better.


Particularily as I am an Irish public servant who has just suffered a second pay cut in eight months I cannot afford to have the possibility of having to try and find a new management company etc.


I think that we have 30 days to decide but if we do not reply that is taken as an acceptance.


Cath





Soumis par Mr_cellophane (non vérifié) le

Does the TVA clock stop during any grace period or does the last day remain the same ?

Soumis par carkc le

Does anybody have a contact name in Residhotel whom I can email in regard to having my rent paid directly into my bank account?


I sent a letter to Residhotel - service proprietaires - 45 Allée des Ormes - Bât. B - 06250 Mougins - France requesting this with the bank details but it has been ignored twice now.



Any help appreciated.



Regards, Kieran

Soumis par Mr_cellophane (non vérifié) le

If I bought my leaseback in January 2005, I won't pay back any TVA if I sell it after January 2025. If I don't have a leaseback company for 12 months is that date still January 2025, or does it become 2026 ?

Portrait de cordiez
Soumis par cordiez le

I would of course need to review all the relevant legal

paperwork, especially your lease agreement etc. and carry

out fiscal law searches before being in a position to

categorically advise you on the issue.

However, on the basis of what you describe, if you don't

have a leaseback company for 12 months then the date from

which you can exit the leaseback scheme i.e. break the

lease (subject to appropriate legal notice in the

prescribed form) without VAT penalties would still be

January 2025, not 2026.

Please note that you can sell your leaseback at any time,

as this has no impact on VAT liability: The purchaser

will be required to take over the lease from you. What

can trigger VAT liability is not the sale of your

leaseback, but the breaking or non-renewal of the lease

agreement or 'bail commercial' (in French).

Fabien Cordiez

Disclaimer The information which the writer is

posting on this forum is for informational purposes only

and does not constitute legal advice, or create a lawyer-

client relationship. You should not act or fail to act

based on the information posted on this site without

first seeking appropriate, tailor-made, legal or other

professional advice about your specific facts and

circumstances.cordiez41323.8760300926

Soumis par Mr_cellophane (non vérifié) le

Thanks cordiez
I suppose if I got that option I could try going it alone for 12 months and see if it would pay. But then the chance of getting the leaseback company to take me back on board in a year might be very slim.

Soumis par ncorps le

I have been informed by my accountant that I will need to pay back the 13/20th of the TVA on my apartment now that the apartment is not managed by Residhotel. They have stated that


"It's compulsory that the new management society offers you a commercial lease for at least 13 years in order to arrive to 20 years of activity with the same agreement as Residhotel - this includes 3 of the 4 services:


Reception, breakfast, linen supply and household goods"


I am using a local agent to rent my apartment which by luck has managed to rent my apartment for the whole of the winter season.


Firstly no one offers a commercial lease for 13 years? is there anyway that I can pay back the TVA over the 13 years rather than in one go as I do not have the money available. What happens if I cannot pay?




Our starting rent was 4.9% of purchase price ( excluding funiture and parking). The propsed addendum is to reduce our rent by about 15%.

This didn't seem too bad given the current economic climate but in addition to this they added any extra clause which would transfer virtually all the costs to us. Property charges would increase for €20 per m2 to the full unknown cost - we estimated this could be as high as €56 m2. And then would continue to rise in the future - while our rent would be fixed.
Also, they want us to pay tV licence, rubbish costs and possibly the habitation tax ( this is not clear from the addendum).
So if you are given a new addendum check what else they are trying to get away with.
We have not signed the addendum but nor have they cancelled our lease yet - so we are currently in a stale mate situation.
our next rent is due on 30 June - under the sauvegarde measures they have to pay us or face liquidation - or so we have been told !

Soumis par Cath le


We also got documents and it related to Clos De La Cite in Carcassonne. But it only was telling us that the agm was coming up and we could attend if we wished.


The piece to sign was just to confirm if you were attending or not.


In our case I did not attend but another owner did who was there and I met him in the Cite that night and got the full feedback from the meeting.


Are you in Clos de la Cite, because if yes I would like to be able to add you to my contacts in case we ever run in to any kind of difficulties.


Thanks


Catherine

Portrait de Tuulia
Soumis par Tuulia le

Hi Cath,



I just tried to PM you but your inbox is full. I will PM you my personal email when possible, as I do indeed own one of the apartments in Clos de la Cite.


Regards,



Natasha

Soumis par Cath le

I just emptied my pm inbox now.


We are just back from Carcassonne and it was very busy which is good to see.



Catherine

Soumis par davide le

I am an owner with Quietude who you may know has also now entered receivership - although i have not been told directly by quietude, i have only been told by others and seen it on this blog.


I have also been told that I may not receive any rent even during the receivership period as Quietude simply don't have enough money and have to pay other costs such as their staff costs first. Was this the same situation with residhotel and can anyone offer advice on how to try and claim the money from the receiver?


Finally, does any know of any Residhotels properties that were not being continued as leasebacks(either by RH or Quietude!). My particular residence only has 8 apartments and I am concerened that any new management company may not want to bother with it. Does anyone know what the rules governing new management companies taking over properties are in this respect?



Soumis par worried le

Can anyone advise on the co-ownership charges. I was not advised by my lawyer that I would have to pay these. Does anyone have a figure on how much they generally are?


Good to hear that some people have received rent from residhotel - I am still waiting...

Soumis par Ranger le

Are there still people waiting on rent from RH? We have not received anything as yet this month but not sure whether perhaps they are paying on different dates as per the original lease agreement.


I thought they were obliged to pay on time once they went into administration?! On that note does anyone have any information on how this may pan out now they have released some of the other residences?

Soumis par worried le

FYI - I have now received my rent (13th July) - I can't actually believe I have finally been paid! My residence is in carcassonne.


Soumis par ncorps le

As per my post on another residhotel topic - my keys were returned to me this morning for my apartment at Isola2000 - anyone else?

Portrait de Tuulia
Soumis par Tuulia le

I got my 2Q09 rent from Resid Hotel - statement just arrived today - for the residence in Carcassonne. But no 1Q09 rent, so we issued a commandment de payer but nothing as of yet. Is there a time limit to how long we can or should wait before perhaps taking legal advice to try and claw back the 1Q09 rent? We do not want to break the lease, as we want to see what will happen with the company. Also, our mortgage is taken out with a French bank and does not start until January 2010, so we have a bit of time.

Soumis par Ranger le

Thanks for the above Fabien, but am I right in assuming that RH should be paying normally within this 6 month administration period?

Portrait de Tuulia
Soumis par Tuulia le

Thanks for the info Fabien, the article was useful. I will now get in touch with you directly about possibly lodging a proof of claim. I tried the Irish phone number and the 1800 number but was not able to make contact. I will send you an email to the email address listed on the article.

Portrait de cordiez
Soumis par cordiez le

Dear Tuulia,

Under French Insolvency law Residhotel are required to pay the rent due since 24 March. The company must pay in a timely manner, failing which owners could ask the 'Juge Commissiare' to rescind their lease, or even ask the Cannes Court to Liquidate Residhotel.

Yesterday was a Bank holiday here in France, hence why there was nobody to answer your calls. I safely received your email and will respond to your queries this morning.

http://www.solicitor.fr French lawyers Solicitors

Portrait de cordiez
Soumis par cordiez le

Having carried out some enquiries today, I can report that a hearing
should take place at the Cannes Court on 24 September 2009, where the
Court will decide whether Rhode Tourisme will continue to operate, or
whether the company should be liquidated. The Judges should benefit
from better visibility, i.e. further details as regards whether
Resid'Hotel were able to generate profits over the Summer season. The
chances are that a CVA could be agreed, allowing Resid'Hotel to settle
outstanding rents over several months, or even possibly years. The
deadline for overseas-based leaseback owners to lodge their proof of
claim in the Receivership (a process called 'Declaration de creance')
is 14 August.



Meanwhile, Residhotel must continue to pay any rents that have accrued
since 24 March. Where leases have been transferred to another leaseback
company e.g. Quitetude, Resid'Hotel are discharged from any liability
to pay rents since the date of the transfer. If Quietude does not pay
rents on time, owners should file a 'commandement de payer', as they
previously did (in most cases successfully), with Resid'Hotel.



I hope the above is informative.

http://www.solicitor.fr French lawyer solicitor


Dear Fabien,


Many thanks for your helpful information. Is there information available on what properties of Resid'Hotel have been transfered to other leaseback companies, or would that be clear to the individual leasebackholders?


Thanks,


Emphyteusis

Portrait de cordiez
Soumis par cordiez le

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A list of
those holiday resorts transferred to Quietude exists, and is possibly
accessible somewhere through this forum, although I do not have a copy.



In any event, all leaseback owners whose lease is transferred to another management
company MUST be notified of the transfer, failing which the transfer in
question cannot be invoked against them.

http://www.solicitor.fr French lawyer solicitor

cordiez40009.6020601852

Soumis par Annoyed le

Fabien


Re your latest post, our residence was transferred to Quietude, but is still being marketed by RH, I have not returned the letter from Quietude accepting the transfer of my lease to them as I am unsure whether it is a wise move (I have taken note of your previous posting about writting 'Bon Accor' on the letter and thus removing RH's responsibilites for future debts). Could you tell me where I stand with the latest developments and who to sentd a CdeP to.

Portrait de cordiez
Soumis par cordiez le

RH did not actually need your approval to transfer their lease to Quietude, so the fact you did not return the acknowledgement form makes little difference here: Quietude are now liable for all rents due since they took over from RH. Any unpaid rents due since then can be claimed by having a CdP served upon Quietude - a service I can arrange through a bailiff, for a fixed fee.

Best regards,

Fabien Cordiez

Avocat à la Cour, Solicitor

Member
of the Law Society of England & Wales – n° 331485 - practising law as Avocat member of the French Bar Association http://www.solicitor.fr


Soumis par bertrand le

The rents for May and June 2009 for the developments managed by Quietude now will be paid by Residhotel (the receiver) who is paying with the funds due by RH to Quietude (reservations taken for this summer by RH). I called the receiver who is organising it.

It seems that Quietude had not had time to organise the payment and in addition has maybe no cash to do it.

Bertrand from C'est La Vie
info@clvproperties.com

Soumis par Annoyed le

Dear Fabien and Bertrand


I understand Quietude have taken over the lease and perhaps why RH paid the rents for May and June, but I have recieved my form for booking my week in the winter season and Quietude inform me I must book it through RH, surely they have had enough time to organise themselves for the winter season by now. RH have also published the prices for our residence on their website and seem to be marketing it from there as there is no metion of it on Quietudes website. No doubt I will have to issue a C de P but as there seems to be confusion into who is liable for the rents do I issue 2 ?

Soumis par bertrand le

RH will pay as long as they have enough money (money from reservations for this summer made prior to the transfer of the lease). Then Quietude will have to pay but news from Quietude are not very good as cash is concerned. If you are not paid in July for May and June you will have to send a CDP but the receiver confirmed that it will be paid.

Soumis par Rich22 le

Have any of the ex-RH (new Quietude) lease owners received their rent this month (May-June rents)? &nbsp ; &nbsp ; &nbsp ; &nbsp ;

Soumis par shaddow le

Guys, I am new to this forum - wish I had known of its existence before today.


We have just discovered that ResidHotel has failed to pay rental once again. I have a place in La Saboia, La Tania. ResidHotel has not notified us in writing, so this information comes from chasing up non-payment by telephone.


The contacts we are corresponding with are:


sonia.licata@residhotel.com<?:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />



Marie.malveau@residhotel.com


The excuse appears to be that the French economy blah blah ...


So, I am writing to ResidHotel demanding a response within 7 days and declaring their breach of contract.


Anybody have any further information?

Soumis par Gabriel le

hi there



i invested in residence virginia - grasse which has been completed since jan 09 and is due to pay its 1st quarterly income at end april 09. Also managed by residhotel. i have been unable to make contact with the relevant person (MARIE MALVEAU) for the last month despite phone calls, faxes and emails.


i have no idea if my leaseback is affected but by the looks of it i imagine i am now in the same situation as others. would be deighted to hear from other investors in this 60 apartment building.

Soumis par Cath le

Dear Gabriel,



Our development is in Carcassonne and was completed in December so we were due to get our first quarter payment on April 10th, however, we did receive the same letter that everyone else received although only quite recently!! So it would appear that we are all caught up in this.


I have now just received rent for period March 24th to March 31st and have sent off the declaration de creance to the receiver so will have to wait like everyone else to see what happens


Cath

Portrait de cordiez
Soumis par cordiez le

Dear Cath,

Please remember that 'Declaration de creance' claims are to be sent to Mr Cardon, the Creditors' Representative, not Residhotel's Receiver. Perhaps you actually meant Mr Cardon though.

Best regards,

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