|
|
Gite Owners
Topic has 56 replies.
  
|
|
Sort Posts:
|
|
|
|
 17/11/2006, 20:49
|
Josephine79
Joined on 07/03/2005
Posts 19
|
|
|
I notice that the thread about the family who bunked off leaving debts has been locked. I read it all carefully and would like to add my two penn'th.
This problem DOES affect gite owners - it happened to someone I know very well. This is how it happens.
The Family book for a holiday, lets say two weeks in September. Or they say they are waiting for building work to be completed on their new property. They are due to leave on or before 1st October. Who asks for proof, references and guarantees for two weeks? No one. They arrive, pay and take possession, but then fail to leave. They make some excuse, (the builders haven't finished yet: it's easy to believe) but they are still there on 15th October.
Folks you have MEGA problems.
Gite or not, no one can be evicted from anywhere between 15th October and 15th March.
You can get all the huissiers, avocats and tribunaux you like to agree that they are there illegally - the judge will even stamp the eviction order, but you CANNOT evict them by force (not you, not the huissier, no one) - if you do you will be in the brown sticky stuff up to your neck as they will sue you for entering their "domicile" illegally, never mind that they are occupying the premises illegally - a Frenchman's domicile is his castle!
Of course in theory the huissier can get the boys in blue to put the frighteners on them, but they will only act if the "Prefet" authorizes it. And the Prefet NEVER does because it's a vote loser to evict poor, downtrodden tenants.
So there they are, in your gite, using your water, your electricity, your gas - not only are they not paying you rent and preventing you from letting to bona fide tenants, but you are paying their bills. And of course you have paid the bailiff and the barrister.
Don't bother trying to get social services involved - they are on the side of the tenants.
If it happens to you there is nothing you can do but wait for them to move off of their own accord and hope they don't wreck the place.
Sorry to paint such a dramatic picture but this is a true story - it happened in the Deux-Sèvres and is doubtless being repeated all over France.
YOU HAVE BEEN WARNED.
Jo
|
|
|
|
|
Report
|
|
|
|
|
18/11/2006, 7:45
|
The Riff-Raff Element
Joined on 23/08/2004
South Vendée - The Particularly Nice Bit
Posts 1,587
|
|
|
|
The préfet is not elected: they are appointed to serve the legal
interests of the state, so popularity is not one of their concerns -
have a look at some of the decrees they sign. There may well be another
reason why they do not sign off, but votes ain't it.
I've not come across this situation, but I'd be intersted to hear more.
Jon
Doust-e hameh kas doust-e hich-kas neest
|
|
|
|
|
Report
|
|
|
|
|
18/11/2006, 8:00
|
Josephine79
Joined on 07/03/2005
Posts 19
|
|
|
|
Dear Jon,
and who appoints the Préfet?
Our elected representatives!
The Préfet is the government's man and will not risk doing anything unpopular.
|
|
|
|
|
Report
|
|
|
|
|
18/11/2006, 9:13
|
Cat
 
Joined on 21/01/2005
------- Forum Moderator ------- Lot
Posts 2,960
|
|
|
|
|
If it were me, with squatting tenants in a gite, I might not legally be allowed to evict them during winter months, but I would certainly turn off (or remove) the gas, the water and the electricity to the gîte. I might even decide that a few of the bigger, tougher guys from the local bar desperatley needed a roof over their heads, and invite them to move into the gîte for a few days. Nothing violent you understand, just a place to lay their heads for a while. If they were then to have noisy parties into the wee small hours it would be a pity, as it might disturb the other "guests". If one, or more of them happened to have a big barkie dog, so much the better.
I would imagine that the original tenants would soon give up and move on.
But it is a valid and interesting point you make Jo.
Cathy
Sun, sun, sun, here it comes...
|
|
|
|
|
Report
|
|
|
|
|
18/11/2006, 9:36
|
Josephine79
Joined on 07/03/2005
Posts 19
|
|
|
|
We thought of this, but you put yourself in the wrong if you do any of it and believe me, these squatters know their rights and will sue you at the drop of a hat!
|
|
|
|
|
Report
|
|
|
|
|
18/11/2006, 9:53
|
Jasper
Joined on 08/11/2006
Posts 5
|
|
|
|
|
Has the world gone mad ! things like this never cease to amaze me.
From what you say there is no way to avoid this - but what if you had a contract with someone to live there throughout Winter - can you not produce this to the Prefecture and ask how he suggests you 'kick these people on the street'. Surely the persons with the contract have more rights than the squatters in situ ?
Alternatively is there not any urgent work that needs attending to at the property (particularly for safety reasons) - sounds like a complete re-wiring might be cheaper than allowing them to stay in situ ? I am sure you could get some willing local Electrician to produce some reason why it would not be safe for them to be there. Just a thought and probably not a good one but in this situation I think I would try anything.
Guess this is the payback we might all receive for believing there are decent honest people out there ! Sad world hey
|
|
|
|
|
Report
|
|
|
|
|
18/11/2006, 9:55
|
Cat
Joined on 21/01/2005
------- Forum Moderator ------- Lot
Posts 2,960
|
|
|
|
|
I'm sure they do know their rights, but in fact a neighbour had a similar problem here last winter. Not in a gîte, but in a long term rental . The tenant had not payed any rent or utility bills for quite some time, but could not be evicted as it was winter. The owner turned off the fuel for the central heating (as it was fed from his own property and fuel tank). The tenant actually had her own social worker, and was well know to the social authorities, so would have been in an excellent postion to pursue this through the courts, had it been an option. The owner was never brought to task for turning off the fuel, the legality was never challenged.
I will leave you to draw your own conclusions.
Cathy
Sun, sun, sun, here it comes...
|
|
|
|
|
Report
|
|
|
|
|
18/11/2006, 10:11
|
Hoddy
Joined on 23/08/2004
.....Forum Moderator..... NW Leics/SE Dordogne
Posts 2,101
|
|
|
|
I think Jasper and Cat are on the right lines. When faced with a similar problem in the UK a friend of mine sent a group of burly friends and relatives round to replace the kitchen. They took all the doors of and disconnected things, then sent out for fish and chips which they ate sitting around on the floor and generally made a mess. Unfortunately the replacement kitchen didn't turn up when it was supposed to do and the unwanted tenants left during the following week.
You're taking a gamble, of course, but in this case it paid off.
Hoddy
|
|
|
|
|
Report
|
|
|
|
|
18/11/2006, 10:17
|
The Riff-Raff Element
Joined on 23/08/2004
South Vendée - The Particularly Nice Bit
Posts 1,587
|
|
|
|
 Josephine79 wrote: | Dear Jon,
and who appoints the Préfet?
Our elected representatives!
The Préfet is the government's man and will not risk doing anything unpopular.
|
|
Dear Jo,
They do masses of unpopular things. That is part of their job - water
restrictions, hunting quotas,etc. That way the elected can point to him
/ her and say; "Not us guv - it's the law!" They certainly wouldn't
shirk from setting the upholders of peace and tranquility on a bunch of
evil doers, particularly if they are grubby foreigners who can't vote. If they had the right to do so, that
is.
Which comes back to your original point - getting anyone out in winter
is not an easy task. Certainly food for thought. I think I'd be very
cautious taking a booking from British families already in France after
hearing this (not to mention the earlier thread). Not without a little
research first. And a credit card number.
Jon
Doust-e hameh kas doust-e hich-kas neest
|
|
|
|
|
Report
|
|
|
|
|
France Forum » Owning/Running ... » Gite Owners » Re: Dodgy tenants
|
|
|
|