English
FrançaisHi
Can anyone advise me. Our management company is late again with our annual rental payment.Can I use this as a reason to give notice and terminate my contract??
If yes how do i do it and how do i pay back the VAT,
Am I right in thinking the VAT decreasees over the years?? Any help would be good.
Thanks
You need 1st to serve a CDP via a local bailif, then start the legal process to terminate the lease. The VAT you must repay (if your property is no longer LMNP which is not always the case) decreases pro-rata over 20 years. The process and whether you should do it is too complicated to describe here. You could contact a solicitor for more detail but they would not be able to give you the "details" which other co-owners would, who have been through the process. Maybe 1 of them will post here.
Seamus
What's a CDP ?
I guess that if an investor does that (exits the lease), they're then persona non-grata & there won't be much help forthcoming from the management company. Certainly there'd be no rent instead of late rent, wouldn't there ? Isn't the only answer to find another investor to take it on ?
If the lease in now to come to an end should we be forced to pay an exit fee.
Our lease is up this year, We have asked the managment company do they want to renew. the answer is yes we are lead to believe that the old lease just rolls over is this correct.
As it is documented on the old lease 9 years I feel the lease would be invalid as nothing is then signed for the extension.
Any Thoughts.
I am afraid that the management company have an automatic right to renew unless you issue a termination notice - they basicall have a lease on your property in perpetuity - once you terninate they will come after you for compensation and the only way to avoid this is to fight them in court and hope that you are successful
There is a way to break the lease legally, but it requires that every owner works together. Refuse the 50% reduction in rent, issue a CDP...when they don't pay it apply to court to have the lease cancelled for non payment of rent. If you accept the 50% reduction you are playing into their hands by accepting their scam and allowing them to screw you in perpetuity.
I'm unsure where there is mention of a 50% reduction in this thread.
Wineflair is quite right - a tenant can renew the lease whether or not the owner wants to renew. If the owner refuses to renew then the owner must compensate the tenant, such compenstaion being decided by the court unless the parties mutually agree the amount.
Naturally,if the tenant insists on paying a lower rent on the new lease then ,as stated previously, the matter can be taken to court. The court then decides whetehr the lower rent demanded by the tenant (or,indeed, an owner's demand for higher rent) is justified.
According to reports on internet and discussions with various lawyers I gather that most disputes of this nature (not renewing lease/ compensation) do not go to court -mainly due to costs and time taken- and are thrashed out between the parties.
50% is not mentioned here but the vast majority of people on this forum have been presented with a demand for rent decreases. If this happens then owners should act in unison and force payment of rent by CDP or else have the leases cancelled. I think the type of campaign people should now engage in is to lobby the French government to have their properties handed back to them without the leaseback designation to make them classic properties. Given the stress and financial outlay they should not be required to repay VAT. If they are required to pay it then it should be done by instalments over a 20 year period. The argument I would use for this campaign is that these properties are not viable as Leaseback Residence de Tourisme. If people can use them as holiday homes and rent them out the French exchequer is still getting tourists to visit (which was the whole idea behind the scheme). I think this is a worthwhile campaign to engage in as suing the French government is unlikely to succeed.
Sorry but you are living in a dream world - the French goverment have shown no interest over the last 10 years - everyone knows it was a scam (that is actuallystill going on) - the only way to stand up to these bullies is to take them to court - as many owners as possible - snarling up the judical system, then someone might take note - if you are hoping for fairness from the government and tax man then I am afraid you are going to be disappointed
You are equally living in dreamworld if you think you well get justice from the French judicial system. The French legal system favours the tenant and the tourism industry over scammed leaseback owners. Feel free to waste money bringing these guys to court. I am sure the French lawyers will be very happy to take your money fighting a battle that they have a very slim chance of winning.
We shall see, its either take them to court, or just blindly accept what they throw at us, there's no help out there, there is no fairness to be seen. Sorry if I offended you in anyway I am as frustrated as all the other owners on this forum. I I get thrown out of court so be it although I do agree with other posters on this forum that no one wants to end up in court and that these cases are nornally settled at the doors of the court. I am certainly not going to pay the ridiculous compensation fees that have been initially suggested - in this world I always feel one has to speculate to get results otherwise the "big boys" will walk all over you - to my mind this is exactlty what these management companies have been doing for years
I have now formed a group on Facebook entitled - Fontenelles Eurogroup Problems - pleae feel free to join this group and discuss the many and varied issues we all have - there is strength in numbers.
I've searched facebook and cannot find this group.
its is at https://www.facebook.com/groups/119513725161013/