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Discussion Starter · #1 ·
Hi all, some of you may remember my post from last year about the issues we had with our rental property, thanks for all the advice at the time. In a nutshell we had horrendous damp problems which the owners refused to acknowledge, we fought for resolution for 3 months and we were no further on so we gave our 3 months notice & left early this year. We found a beautiful new property and have been very happy since until last Thursday... we received a letter from the owners of the new property advising they want to move back to France and back into this house due to some personal reasons and wanted us to Skype/Phone them to discuss this... we've only been here 11 weeks!! I am at my wits end after not being able to do anything over the Bank Holiday Weekend, my question to all you fountains of knowledge is - Can they do this? We signed a 3 year lease with them, as you all know moving house is a costly business over here and we are not yet on an even keel financially from the last move! Thanks in advance!
 

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I am sorry, but I have no words of wisdom, just sympathy! You have overcome problems before and you will again! Now I'll move aside for those who know!

Good luck, Gypsycob x
 

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Well they can't kick you out without a court order which will take some time.

Personally I would send a recorded letter saying that you intend to with hold rent until the matter is clarified . That could take at least a year. The rent saved will get you back on ann even keel.

What nationality are the owners ?
 

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Seems to me the next step is to discuss it with them as they've requested. That would be the next step in any business situation. You will explain your situation, they theirs, and you might find some resolution.

Declining to discuss it, and pursuing a legal action, will get them so offside that they will become the enemy immediately, and it will all end in tears.
 

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Discussion Starter · #5 ·
Thanks both, appreciate your feedback, Smeg the owners are French, we are waiting for confirmation of where we stand legally but I have been waiting since last Thursday, try as I might I am still stressing about the whole thing, insomnia has returned already!!
What has annoyed me more is that they have come direct to us via recorded letter rather than go through the rental agency they have appointed. We have emailed the agency also to no avail as yet!! I would love to work it out amicably, but on the flip side the reasons they are stating would have been in the pipeline when they signed for 3 years! I don't want to turn into a tenant who is awkward but if they want us out why should we be 5000 euros down!!
 

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Discussion Starter · #6 ·
Seems to me the next step is to discuss it with them as they've requested. That would be the next step in any business situation. You will explain your situation, they theirs, and you might find some resolution.

Declining to discuss it, and pursuing a legal action, will get them so offside that they will become the enemy immediately, and it will all end in tears.
Thanks Bellthorpe, I know we need to reply to them but I'm trying to establish where we stand legally before we respond, ideally we don't want to move again!
 

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Get the situation clarified. They are going to move eventually back into the house but it is going to take them a long time and a lot of money to get you out.
 

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Discussion Starter · #8 ·
I guess I'm just being too impatient waiting for my contact to update us :p ... I'll start drafting our response and go from there, thanks everyone :)
 

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Lilwitch said:
Hi all, some of you may remember my post from last year about the issues we had with our rental property, thanks for all the advice at the time. In a nutshell we had horrendous damp problems which the owners refused to acknowledge, we fought for resolution for 3 months and we were no further on so we gave our 3 months notice & left early this year. We found a beautiful new property and have been very happy since until last Thursday... we received a letter from the owners of the new property advising they want to move back to France and back into this house due to some personal reasons and wanted us to Skype/Phone them to discuss this... we've only been here 11 weeks!! I am at my wits end after not being able to do anything over the Bank Holiday Weekend, my question to all you fountains of knowledge is - Can they do this? We signed a 3 year lease with them, as you all know moving house is a costly business over here and we are not yet on an even keel financially from the last move! Thanks in advance!
Well this is France and law is tenant protective.
By law they have to wait the end of the lease before they can claim their place back by registered mail 6 months before the end of the lease. Which in your case seems to be in approx 2years and 4 months.
The agency should know this.
As usual my best advice is to contact a tenant association.
http://www.lacgl.fr
http://www.pap.fr/conseils/location/le-droit-de-preemption-et-le-conge-pour-vente/a3305
 

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Discussion Starter · #10 ·
Well this is France and law is tenant protective.
By law they have to wait the end of the lease before they can claim their place back by registered mail 6 months before the end of the lease. Which in your case seems to be in approx 2years and 4 months.
The agency should know this.
As usual my best advice is to contact a tenant association.
La Confédération Générale du Logement - association de défense des locataires copropriétaires consommateurs
Le droit de préemption - Le droit de préemption suite à un congé pour vente | De Particulier à Particulier - PAP
Thanks, we thought this was the case, we were waiting for written confirmation from the agency and/or the relocations chap that helped us find the house, especially given that we've only been here 11 weeks, I'm hoping we can work it out!
 

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Discussion Starter · #13 ·
So essentially we could just say no we want to stay until the end of our lease... I think my other half needs to get his thinking cap on for the response, he is much better at that sort of thing!
 

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Your best way forward would be to talk to them and explain, in a non-confrontational way, that you want to stay until the end of the lease (as per the conditions of the lease). That said, they may be prepared to help you find somewhere else and assist with relocation costs, and they must just decide to rent another property until the end of your lease. They probably know they are 'wishful thinking' but just hoped that you might be prepared to vacate.
 

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One thing I'd do before "getting a lawyer" would be to read through carefully the lease I had signed. Normally, it will be a stock standard lease, which should outline the conditions for each side to terminate the lease early. (Period of notice, etc.) If that's the case, then at least hear the owners out, explain your side of things and see what they suggest.

If it's a "custom" lease, with clauses in it contrary to what the standards are, then you may want to start talking to someone with a bit of legal authority - starting perhaps with the agent (who should have known about the oddities in the lease) and progressing to a housing association, notaire or lawyer.

Take it one step at a time. There may be a way to conclude this amicably. Or maybe not.
Cheers,
Bev
 

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Discussion Starter · #16 ·
Thanks everyone, I've just got off the phone with our relocation chap, he said the same to reply to them explain a bit of our history as to what has happened over the last 6 months with the other house and see what they come back with, I can understand their reasons for wanting to move back but 11 weeks into a 3 year lease is asking a bit much. We're going to respond in a friendly manner and see what they come up with, I'd like to resolve it amicably rather than just point blank refuse to move but the thought of all the upheaval so soon is very daunting!!
 

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My daughter and her family were in a similar situation a couple of years ago. The owners wanted to sell the apartment they were renting and asked her if they would be willing to move out (it was 2 years into the lease).

In return, they offered either to pay agency fees for a new apartment or let them live in the apartment rent free for the 3 months notice period.

They opted for the latter solution (and didn't say that they had been planning to leave anyway).

So make sure that if you do decide to leave before the end of the lease you obtain some form of financial compensation for the inconvenience.
 

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Discussion Starter · #18 ·
My daughter and her family were in a similar situation a couple of years ago. The owners wanted to sell the apartment they were renting and asked her if they would be willing to move out (it was 2 years into the lease).

In return, they offered either to pay agency fees for a new apartment or let them live in the apartment rent free for the 3 months notice period.

They opted for the latter solution (and didn't say that they had been planning to leave anyway).

So make sure that if you do decide to leave before the end of the lease you obtain some form of financial compensation for the inconvenience.
Thanks we're going to email them today to see what they offer us to move... will keep you all posted! Thanks again everyone :)
 

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Discussion Starter · #19 ·
Update!

Update!

Well we are in negotiation over us moving (begrudgingly on my part!!) They have agreed to cover expenses and refund agency fees & deposit no questions asked which is great however following a conversation I've just had with a friend they seemed to think the owners need to "buy us out" of the contract/lease which could amount to quite a considerable sum... has anyone ever heard of this happening before? I'm not sure who to go to for advice to be honest! Friend in question has been in a similar situation and seemed to feel like we were having the wool pulled over our eyes by the owners as to what we are actually entitled to? TIA (again!!)
 
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