How to give Mgt company notice of non renewal of a lease?

You must give 6 months notice,by registered post with a reqest of replay. Acording to my lease agreement.

I hope this is of help to you.

Karl

You may like to look at :- http://www.odalys-patrimoine.com/bail-commercial.html

There is a sample letter provided. As I understand it, the letter MUST be delivered by a Bailiff.

The phrase used is :Lettre à envoyer durant les 6 mois de préavis du bail, en lettre recommandée avec Accusé / Réception effectuée par l’intermédiaire d’un huissier.

I confirm that the termination or non-renewal notice, which is called 'congé ' in French legal jargon, is to be served through a French bailiff (process-server), in the precribed format and whithin the timeframe set out in your lease agreement. Several options exist, such as a serving a renewal notice which offers specific terms e.g. rent & aportiuonment of charges. 

Such a notice may have severe legal and tax implications. These include the right, for Lesssee (the leaseback company) to claim a statutory indemnity, let alone the fact French tax authorities may also request owners to reimburse part of the VAT rebate they benefited from at the time of purchase...

Service of a break notice should therefore not be taken lightly and I suggest investors to seek advice from a qualified French solicitor before envisaging such a course of action.

I gave notice to Pierre et Vacances in Summer 2011.

I sent an "acte" via a "hussier de justice" ( bayliff).

The hussier needs to be in the same town, as the address of the managment company, not your apartment itself.

Under ordinary circumstances, we should have been liable to pay P&V 2 years rent ( total 80,000 euros) to compensate them for not re-signing)

. Luckily we avoided this as the origional sellers ( MGM) had sold it to P&V  during the lease period and hadnt notified us owners with an Acte de Hussier". This meant they forefeited their right to this indemnity payment.

We also dont have to repay the VAT, as we are continuing to oeperate the renting of the apartment ourselves, under the same fiscal regime as previously. (Location meuble non-professionla (LMNP)). It is this LMNP which gives the VAT reduction, and NOT the fact that its rented via a managment company ( Not something the management companies are keen to publicise).

So we got out of our lease, without:

1. Paying 80k indemnity

2.without having to pay back the vat ( 16k)

3.and without having to pay the 12k decorating fee thta P&V were demanding for the pleasure of resigning the lease with them!!

So, we consider ourselves very lucky.