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I think I read somwhere that if a Lease is taken over from a company (not in recivership) then both the former company and current one become jointly liable for rent. Does anyone know if this is the case?
We are in this position the new copmpany have not paid the rent and I wonder who we should go after for this - any thoughts would be appreciated
Cairo
We are in the same position - our Lease was transferrred from Residhotel to Quietude, Quietude have paid no rent
Lisa
The only thing I can suggest is that you contact some one and have a 'commandment du payer' served . Phoning, faxing or even talking to them unfortuntely doesn't work.
Cairo
Cairo,
Have just read with interest and dismay the various stories posted about Olea. We have an appt at Residence du Golf and have received the same lack of communication without realising that we were one of so many. Having had several years of excellent service from Nemea it is discouraging to say the least to be in the position of receiving nothing and having very little idea of what to do about it! Is there any benefit in a joint effort??
Thanks,
Colin
Hi colin
I think it would be a good idea to stick together and present a united front to Olea. I assume you have gone down the same road as the rest trying to get rent without success. I think the only way to get paid is to send the bailiff. as all other communication is ignored. Not sure if it can be done collectively or individually
Instructing a bailiff to serve a commandement de payer (formal payment request) is indeed the right course of action.
I successfully recovered unpaid rents from Olea for one of my customers this summer, using that method.
This cannot be done collectively I am afraid (althouth the bailiff can serve several 'Commandements' at once) and there is no guarantee that Olea will comply with the Request for payment, but it is worth trying, as it seems unlikely the company will start settling rents until its is compelled to do so.
Fabien
www.solicitor.fr
fabien
Have you recovered rents for anyone in residence virginia grasse and what is the next step after the commandement has been served??
No rents have been paid, since the leaseback company argues as to when, exactly the lease took effect.
The one step which leaseback owners should do consists in filing their respective claims, for unpaid rents, in Quietude's Receivership, for the period 1 May 2009 (when the lease was transferred
to Quietude) up to the 27th of July.
Creditors that are based or domiciled overeas must lodge their claims within 4 months from the date the Judgment putting Quietude in Receivership was officially published.
I confirm that this is indeed correct at French law. Your initial lease agreement should include a special clause in that respect.
A 'commandement de payer' should be served upon both the former company and the current one.
Best regards,
Fabien
Fabien Cordiez
Avocat à la Cour, Solicitor
_____________________________
19
rue de Montigny, 13100 Aix-en-Provence, France
UK Tel: 0207-148-5563 IRL: (01)-431-1301 FR: + 33(0)486-688-968
fabien.cordiez@solicitor.fr http://www.solicitor.fr
Member
of the Law Society of England & Wales – n° 331485 - practising law as Avocat member of the French Bar Association
Thank you for replying I thought that was the case.
Cairo