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Dispute with the landlord/estate agent

Dispute with the landlord/estate agent

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Old Jan 15th 2019, 6:15 pm
  #1  
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Default Dispute with the landlord/estate agent

We rented an apartment (with the view) and 2 weeks ago we found that there will be facade repairs. When phoned the agent about the works, he said that those will be just 2-3 days of the painting and we shouldn't worry, but the builders told me the other day, that that will be scuffolding across the whole facade for a month as they are repairing facade, not just painting + we need to remove all the furniture from the terrace (we are not clear even where to put it in the apartment...). So essentially we won't be able to use the terrace, will have no view and bulding works with all the noise and dust + man hanging in front of the windows.
We have written to the agent regarding this again, he didn't reply. We then called, left the voicemail, called again but it's been a few days and he is not coming back (he is not on leave). Today we were told that the scaffolding will be up already in a week.

There are chances that we'll still be able to reach for him & the landlord will agree to negotiate the issue. If not then as we have a 1-month notice period then if we submit the notice now , by the end of it, the works will be nearly completed and they can happily rent the appartment again. It's us who will have to put up with extra costs of renting a new appt + in the meantime still live with all the building works outside. It's quite annoying that we've lost already 2 weeks due to being initially mislead by the agent (deliberately or not?)
In this curcumstances if the landlord won't agree to negotiate the rent over this period, we are "trapped". Can anyone advise on what can be done in this situation? Tenants they say are well protected in France. Is there any "easy" way to dispute this?

Thank you
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Old Jan 16th 2019, 5:36 am
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Default Re: Dispute with the landlord/estate agent

It's very unfortunate timing that this has happened so soon after you moved in and I can see why you're feeling miffed, but if work needs doing on a building then it needs doing. You wouldn't prefer the landlord to neglect the property, would you. If it was a holiday let it would be different and the owner should carry out scheduled maintenance when there are no guests, but that's obviously not feasible for a place that's occupied permanently.

Although I might be biased on this one because co-incidentally the property my partner and I rent out in the UK needs work doing on the chimney at the moment, which will need scaffolding and no doubt cause a fair bit of dust and noise and inconvenience to the tenants. However we wouldn't be too happy if they expect to pay less rent while the work's being done, because it's going to be flippin' expensive and we need the rent to pay for it!

Could add that the HLMs near me had their facades refurbished last year and although it must have been a nuisance for the people that live there, they look tons better now. If I lived there I think I would feel the end result was worth having had to put up with workmen for a month or so.
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Old Jan 16th 2019, 6:54 am
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Default Re: Dispute with the landlord/estate agent

Hi, the works were probably voted last year by all the owners and organised by the Syndic, and it's your bad luck that they hadn't started when you were visiting (ask yourselves whether you would have signed the lease in that case?). IMO the Agent should have warned you but, as ET hints, I don't see the landlord reducing the rent. He needs it to help pay for the works which in fact he might even have voted against!
Contact the Syndic of the appartment block - they know more than agents and builders, and can give a better idea as to how long the works will last, and you can make a decision. As ET says, the final result will compensate the inconvenience suffered...
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Old Jan 16th 2019, 2:45 pm
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Default Re: Dispute with the landlord/estate agent

Hi.

We are living in the area where the apt with the view costs nearly twice as much as the one without.
Builders said that the safety net of the scaffolding will be obstructing the views for the duration of the works(1.5-2 months confirmed this morning) and the terrace will have scaffolding on it placed as well. So it's even a matter of how much the apartment without the windows would cost rather than just without the views. (clearly no one would have rented that for the whole price if was informed in advance)

It's an apartment block, not someone's private house. The owner today claimed that didn't know about the scale of works and thought this will be just 2-3 days of the painting of the balcony. If this is something that is normally being decided on the Syndic of the block, then the above is unlikely to be true... So I can try contacting the Syndac or ask other neighbours re what they were informed about. (not that knowing it would help to resolve it though ...)

I've done some research today:
https://www.french-property.com/guid...s/major-works/
" Where the major works last for more than 40 days, then the tenant is entitled to a reduction in the rent.
If the works are so substantial that they render the property unfit for habitation, then the landlord is required to find suitable alternative temporary, or permanent, accommodation for the tenant."


https://www.thelocal.fr/20180906/you...erty-in-france (looks like this article is available only via subscription, so below are extracts):
"For major repairs the landlord should give the tenant notice by letter delivered in person or by registered post and wait for the tenant to confirm before going ahead with the work.
Once approved, the tenant has to allow access to the property every day of the week except for Saturdays, Sundays and holidays unless otherwise agreed. ....
The tenant also has the right to ask for a drop in rent if the repairs lasts longer than 21 days.
If the landlord is refusing to pay, tenants can launch an appeal through France’s Departmental Conciliation Commission (CDC). The same regional authority can be used for other rental disputes and appeal
...
Disclaimer: This information is valid as of September 6th 2018 but some tenant rights may change if France passes the prospective Elan Housing Act that's currently being debated in the French Parliament."
(the same is said here:
https://www.anil.org/votre-projet/vo...-proprietaire/
"Avant le début des travaux, le bailleur est tenu de remettre au locataire une notification de travaux par lettre remise en main propre ou par courrier recommandé avec avis de réception.Pour la préparation et la réalisation de ces travaux, le locataire est tenu de permettre l'accès à son logement :
  • tous les jours sauf les samedis, dimanche et jours fériés (à moins qu'il ne donne son accord),
  • moyennant réduction de loyer si les travaux durent plus de 21 jours." )
About dealing with the disputes:
https://www.french-property.com/guid...rent/disputes/
https://www.french-property.com/guid...isputes/advice

Last edited by Magukat; Jan 16th 2019 at 3:02 pm.
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Old Jan 16th 2019, 4:52 pm
  #5  
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Default Re: Dispute with the landlord/estate agent

The links confirm that the landlord should have informed you via the Agent about the planned works, before you signed the lease. The landlord knew about them, as the Syndic will have informed all owners by registered letter before the vote at the AGM.
You'd best consult the ANIL and/or CDC re the lack of information and how to claim a reduction in rent.
Hope you find a solution!
P.S. My earlier remark was based on the fact that we voted against doing the façade of our rented appartment block, but were in the minority and we had to pay our share of the costs.
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