Lettings

What you need to know

• Property fit for habitation
• Obligation of repairs and maintenance
• Service charges
• Regaining possession of the property

Property fit for habitation

In France, the landlord must let the premises or residential property in a decent state of repair, as defined in the French decree of 30 January 2002 in application of article 187 of the so-called SRU law (this only includes tenancy agreements governed by the law of 1989).

The decree provides that all rental properties must be fit for habitation and satisfy certain conditions relating to the physical safety and health of the tenants:

• They must provide adequate shelter. The structure and all building accesses must be maintained in good order and provide adequate protection from storm water and rising damp. The outside joinery and roof, together with all fittings and accessories, must protect against water seepage. In some of the French overseas territories, water seepage protection conditions depend on local weather conditions.
• All devices designed to protect people from accidents, such as railings on windows, staircases and balconies, must be kept in a good state of repair.
• The type and state of repair of piping, construction materials and floor and wall coverings provided under the tenancy must not carry any obvious risks for the health and physical safety of the tenants.
• The electricity and gas networks and connections, and the room and water heating equipment must comply with the safety standards defined by the laws and regulations and be in good repair and working order.
• Devices to open and close windows and doors for ventilation must ensure adequate air renewal for the requirements of normal occupation of the property and use of the equipment.
• The main rooms must have adequate natural lighting and a window that opens either onto the outside of the building or onto a glazed volume that opens onto the outside of the building.
• The property must include the following items of equipment and modern conveniences:

The property must include the following items of equipment and modern conveniences:

• Installations designed for adequate heating of the rooms, equipped with all necessary energy supply and combustion product evacuation devices, adapted to the characteristics of the property. This provision does not apply in French overseas territories.
• A drinking water supply system that ensures the distribution of water inside the home with sufficient pressure and flow for the tenants' normal use.
• Installations to evacuate household wastewater and soil water that prevent the discharge of smells and effluents and are equipped with traps.
• A kitchen or kitchenette equipped to take a cooker and including a sink connected to a hot and cold water supply and a wastewater evacuation installation.
• Sanitary installations inside the property including a W.C. that is separate from the kitchen and meal area, and bathing facilities that include either a bath or shower designed to ensure personal privacy and supplied with hot and cold water and a wastewater evacuation installation. If the rental property comprises a single room, the sanitary installations may consist of a W.C. outside the room provided that the W.C. is located in the same building and is easily accessible.
• An electrical wiring system that allows for adequate lighting of all rooms and accesses as well as the operation of standard household appliances which are indispensable for everyday living.
• A hot water supply is not compulsory in the overseas territories.

Surface and volume standards

• The property must have at least one main room with a living space of at least 9 sq.m. and a ceiling height of at least 2.20 m, i.e. a minimum living volume of 20 m3.
• The living space and living volume are determined according to the provisions of the French housing regulations: CCH, art. R.111-2 (paragraphs 2 and 3): the living space of a house or flat is the surface area of the built floor, after deduction of surface areas occupied by walls, partitions, steps and stairwells, ducts and the reveals of doors and windows; the living volume corresponds to the total of all the living spaces thus defined multiplied by the ceiling height.
  The surface area of unconverted roof space, cellars, basements, sheds, garages, terraces, decks, balconies and drying areas outside the home, as well as verandas, certain glazed volumes, common rooms and other outbuildings, are not included in the living space, nor are any parts of the premises whose ceiling height is less than 1.80 metres.
  
• Articles 1, 5 to 14 and 17 of the French decree of 9th November 1968 (particularly standards) in application of the law of 12th July 1967 on upgrading housing have been repealed.

Obligation of repairs and maintenance

• To keep the property in good repair, the owner must carry out regular maintenance.
• All major works are the responsibility of the landlord (heating, walls, floors, etc.) together with any components concerning the external envelope (roof, outside walls, including windows, doors, floors), etc.
• Minor repairs and regular upkeep, however, are the responsibility of the tenant.

Service charges

• The tenant pays for maintenance of the common areas of the building, charges relating to normal use of the property (water, gas, electricity, etc.) and taxes (tenancy tax, council tax, etc.).
• All other charges are paid by the owner. The decree of 26th August 1987 contains the complete list of expenses to be paid by the tenant.
• Charges can be paid monthly, quarterly or yearly. The exact breakdown of charges, quantities consumed and documentary proof can be requested by the tenant at any time.

Regaining possession of the property

The landlord can terminate the tenancy agreement at the end of the tenancy period on three counts: to use it as a full-time residence for himself or his family, to sell it, and for any other serious, legitimate reason. Notice must always be given at least six months prior to the end of the tenancy period by registered letter with acknowledgement of receipt or served by a bailiff.

The owner wants to regain possession of the property to live in it

The owner can regain possession of the property to provide a residence for himself or his spouse, his legally declared partner (PACS), his common-law spouse if they have been living together for more than one year, his ascendants and descendants or those of his partner, PACS partner or common-law spouse. The notice to leave must inform the tenant of the grounds for regaining possession together with the name and address of the person(s) who will be living in the property. In the case of a joint tenancy, all the tenants must be informed individually; the same applies to each spouse if the owner has been informed of their marriage.
If notice is given by registered letter, the owner must make sure that the tenant will receive the notice before the start of the six-month period. If there is any uncertainty involved, the owner is advised to have the notice served by bailiff before the start of the six-month period.

The owner wants to sell the property

The tenant has first priority to buy the property.
The owner must indicate the price and sales conditions in the notice to leave (an indication of the surface area is not compulsory). The sales offer must include the first five paragraphs of article 15-II of the law of 6th July 1989.
The sales offer is valid for the first two months of the legal period of notice:

• If the tenant accepts the sales offer:
  He has a period of two months to complete the sale from the date on which his answer was sent to the owner.
  The deadline to complete the sale is increased to four months after notice if the tenant wishes to take out a mortgage. If the sale has not taken place on expiration of the stipulated period, the tenant must leave the property.
  
• If the tenant does not accept the sales offer within two months of the legal period of notice, he must leave the property at the end of the tenancy period at the latest.
  If the property is subsequently put on sale at a lower price, the owner or notaire/ must inform the tenant. Notification of the price reduction, which is deemed to be a sales offer, must be sent to his new address or, if no change has not been indicated, to his old address.
  The tenant has one month to reply. If he accepts the new sales offer, he has two months from the time of his reply to complete the sale (four months if he wishes to take out a mortgage).
  

Special case: when the landlord is an institutional lessorl such as an insurance company or semi-public company, the sales offer is separate from the notice to leave. Four months before the end of the tenancy period, it can be renewed in writing for a period of up to 6 years. On expiration of this period, the tenancy will be automatically terminated.

The owner has a legitimate, serious reason

Non-respect by the tenant of any of the terms of the tenancy agreement (repeated late payment of rent, lack of maintenance, causing a nuisance or annoyance to other local people, etc.) are serious, legitimate reasons for giving notice to leave. The notice must indicate the alleged grounds.
Whatever the reason, if the tenant leaves the premises before the end of the tenancy period, he only has to pay the rent and charges corresponding to the time during which he effectively occupied the premises.
At the end of the tenancy period, if the tenant is more than 70 years old and has an income of less than one and a half times the annual basic wage (SMIC), the landlord must offer rehousing, unless he himself is over the age of 60 or has an income of less than one and a half times the annual basic wage.

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