I am very much hoping someone can advise me.
I have a leaseback in a ski resort in the French Alps which is open for around 30 weeks every year (8 weeks summer, 22 weeks winter). For 5 years everything was fine and then suddenly payments stopped. Then we got various emails saying the company was struggling financially and since then the lease itself has run out (although we still have 13 years left on the leaseback with the French government). Since then payments have limped out with a bit here and a bit there but never anything like what we were getting. We have no signed agreement now with the company but they are still leasing out our chalet and taking income.
In December the lease company informed all the owners they were going to file for bankruptcy and advised us all to get our bails back into our own names to avoid us being mixed up with their bankruptcy. We were given the name of a solicitor to go through in France and he has been dealing with it ever since. However he has struggled to get the lease company to respond to emails or letters as he needs them to confirm they are happy to transfer the bail. He has now advised us to take unilateral action to get the bail back in our names so the company can no longer rent the property out and not pass on the lease payments. We have paid him 1400 euros and he is getting the documents cancelling the bail with the lease company counterstamped by the french court. We are expecting the bail back next week and then we can legally go over and change the locks.
We still want to lease the property and keep to the terms of the leaseback so we don't have to refund the balance to the French Government. We would never need to stay there ourselves. My understanding of the purpose of the leaseback scheme is that it is to ensure that there are sufficient tourist beds and that we need to make the property available for tourists for a minumum of 20? weeks a year during the peak tourist season. Can we do that ourselves through a website or do we need to go through a leaseback company? If so, how do we find one? The resort is fairly small and I am concerned that there won't be another leaseback company there who can do all the maintenance/changeovers as the current one does.
My question is therefore, what do we need to do to adhere to the terms of the leaseback in the eyes of the french Government?