Rent not paid - Coronavirus ... mortgage relief/holiday?

No it is not legal - rents must be apid up to when the lock down commenced therafter all is questionable

Hi Michael, 

The French President announced the lockdown on the 17th March so all the rent are due up to this date. I believe this is the plan for Vacances Bleues. Communication should have been sent by them to all the owners in the residence. I have contacted them myself and they have responded saying the first quarter is late but should be paid to all before the end of the month of April. 

After that, we have no clue of what is going to happen. The French government announced a possible end of the lock down and reopening schools etc... gradually but they have also said they will keep Hotels, Bars, Restaurants and tourism sites closed until further notice. So this leaves a lot of uncertainty around the investments and when the rent will be paid again.

Now regarding the banks, they would provide holidays breaks if there is a loss of incomes. But they based themselves on the fact that they have calculated the loan on the basis of your personal incomes and not including the rent. So if you have not lost any personal incomes (Salary, pension, etc...) they will probably reply negatively to your request.

I have unfortunately faced walls from the banks myself. 

If you like to try Milleis again, here is an email address: credit-evenements@milleis.fr

Regards, 

Eddy

Hi all,

We are with Belambra Clubs and received a letter today stating that the rent for the past 3 months will only be paid up to 14th March, when lockdown started, all rent after that is postponed.

yes this appears tbe legal \ can you get access to your property at all in 2020

To occupy the property, it needs to be agreed in the lease. The lease still stand during this period too as they are not currently breaching. As well the residence being closed by the French government, you have no access to it. 

So association of owners or federation are saying now that they will be negotiating with their management company to get pay the rent all the way but of course as group and won't go legal as yet because: 1 - the court will not currently take this type of cases and 2 - there is a strong chance to create a liquidation or receivership of the management company. As per what they are saying. 

You could potentially suggest to the association of owners of your residence to enter the negotiation with your management company. 

There is also the case of the insurance which they may have and may cover the loss of incomes even due to the Covid. So in that case there are no reasons for them not to pay the rent and their tenant's charges. 

Do not think that tourism recidences had been offically closed by rule of the French Government - how can they when there are some permenant residences - thought the closure was by the management companies to protect themselves and screw everone else

Hi Michael,

once lockdown was announced I received a letter from Odalys stating their obligation to pay rent upto 14th March but it couldbe delayed due to operational issues.

The rent is still not paid and I received an email from Consultim Gestion today suggesting that Odalys plans to withold payment citing the Covid situation as an excuse. Gestion is theerfore asking for owners support to launch a group action against Odalys and maybe other management companies.

personally I am tied because if theyre forced to pay rents for the first quarter the management companies may well go bust meaning the lease may be sold cheaply and at a far lower yield. these are rather unprescedented and uncertain times.

Good luck

Noel.

When the French government started the lock down, they have asked Hotels, restaurants, Bars and tourism residence as well as camp sites to close. Of course this does not include residences in which people lived in a monthly or yearly basis. 

The residences with tenants living in have no reasons not to pay the rent for those residences. 

In same time, there are no reasons for the management companies not to pay the rents in any of the residences. They have obligations to pay with the lease but with the COVID they have no income so no cash flow. 

So owners have to enter negotiation in my idea and not immediately jump into procedures or everyone could be facing the receivership and liquidation procedures rapidly and risk further loss of rent. 

Management companies should have paid the rent for the first quarter, if you have not, each owner need to hunt them down for payment. For the 2nd quarter we are not yet in the situation as they are not due to pay the rent before July for most of them. 

The letter management companies have sent does not mean that owners accept it. 

Regards, 

Eddy

If you all do not stand up against them they will see your weakness and take you for fools - they have been doing ot for years why would they stop now - if you have any wit left go after them

Still haven't been paid by Vacances Bleues for first 3 months of this year. Have sent several emails to them. Do we even know if our apartments are being rented now... there could be a long term tenant in place...Is there any way of finding out this information? It's difficult to trust these organizations at the best of times not to mind in the present crisis. Maybe, they're taking advantage of the situation. Is there any transparency? Is there any watchdog out there protecting the rights of the apartment owners? Seems to me as if these organizations are being protected by the French government. I notice that the Government are taking the Tax Fonciere by direct debit... they're not concerned whether people can afford it or not in the present crisis. And mortgages must be paid etc... everything seems to be stacked against the owners.

Mick, 

I have been chasing Vacances Bleus myself and the only response I got was the fact they have a reduced amount of staff and created delays in making the payments but all should be paid before end of June. Now you could take this as a genuine answer if you like but they have to make the payment and they are now late. Solicitors could use this against them but I believe Vacances Bleus  will make the payments partially or in full. 

Regarding your apartment being rented or not, only Vacances Bleus can tell you. The place in Divonne was closed as it is only short terms stay and I know some one who has confirmed it to me but now they are allowed to reopen so no more excuses on this. 

The unions of owners of residence of tourism seem to be in contact with Union of tourism residences like to discuss the case of the management company which do not want to pay the rent during the Covid 19 period. The government are not supporting this directly. During the initial lock down speech the French President said it would be good to see the rent to be frozen during the closures but it was not a law or an order. 

The agreement you have with Vacances Bleus is a commercial lease and so it operates under the commercial rules. If Vacances Bleus does not respect the agreement they create arrears and risk receivership, liquidation, etc... 

For the Taxe Fonciere, this has nothing to do with rental, business or relationship you may have with Vacances Bleus. It is a land tax, if you own any type of property in France then you have to pay a Taxe Fonciere. As you have said, the governement will continue to request the tax what ever is happening with your property or anything connected to it. As long as you own the property, they will send it to you. 

Regards, 

Eddy 

Thanks very much Eddy for your feedback. I'll hang in there and hopefully we will get our rent paid soon. Regards, Mick.