Rental Contracts

Agencies and other headaches, keys and cleaners, running costs and contracts...in short, all the things we spend so much of our time doing behind the scenes.<br>
la vache!
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Post by la vache! »

Jenny wrote: Do you provide English translations, or are your clients happy to sign something which (in most cases) I suppose they do not understand?
No, I just send a contract in English which they sign and send back to me - in 4 years I have never had a problem so have never really worried about it - perhaps as I live on site perhaps it is easier for me to ensure that the T's and C's are not abused in any way and if I had a problem with something a late cancellation and balance not paid, I would just take it on the chin, try and re-let but if not, tant pis.
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Rocket Rab
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Post by Rocket Rab »

Susan wrote:I just send a contract in English.
That is what I now intend to do, Susan. I agree with you in that I cannot envisage a situation in which I would actually need to take a dispute to court.

Nevertheless, as Alan appears to confirm (see above), a contract in English holds no legal validity as you (and I) are domiciled in France...
la vache!
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Post by la vache! »

I also have also had customers from the USA, Belgium, Sweden, Ireland and Holland, so I presume the same problems apply with all international visitors, not just UK guests! It is a very complicated issue.
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Rocket Rab
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Post by Rocket Rab »

Susan wrote:...I presume the same problems apply with all international visitors, not just UK guests! It is a very complicated issue.
Absolutely - the bottom line is that we should be sending out a contract in French plus, possibly, a translation (I suppose English would perhaps be the most widely understood..).

I have seen one French holiday site somewhere - (P et V?) - that specified the contract would be sent out in French, and no translation would/could be provided...like it or lump it! Not, I am sure, the attitude of concerned LMH-ers :D
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Alan Knighting
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Post by Alan Knighting »

Jenny,

I told you it was complicated. The subject is also riddled with misinterpretations from well-meaning people. The trouble is that those well-meaning people bear no responsibility if it all goes wrong.

To touch on a few points.
  • In many instances it is not necessary for an agreement to be in writing at all.

    The purpose of a written and signed agreement is that it forms excellent evidence of what was agreed. Whether or not an agreement is legal is another matter altogether. Enforceability and legality are not the same thing.

    In England & Wales it is usual for each party to have a copy of the agreement, signed by the other.

    In France both copies of the agreement must be signed on each page by both parties.

    One can never assume that the law in one country is the law in another.
I could go on but I won’t. I retired from law some years ago so that I wouldn’t have to.

The best advice I can give is "make quite sure the agreement complies with the law of the country in which the property is situated" and “consult your lawyer�.

Oh! Yes. In addition, don’t act on what you read here.

Fluffy
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Rocket Rab
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Post by Rocket Rab »

Alan Knighting wrote:Jenny,

I told you it was complicated.

Yes, indeedy - but thank you for your comments.

I have another knotty problem tucked away for a rainy day: third-party insurance for UK visitors holidaying in rental homes in France...but that is a whole other ghastly thread :wink: Won't be going there any time soon..
la vache!
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Post by la vache! »

Jenny,
it got covered a little in this thread a while back
viewtopic.php?t=2346

I state in the T's and C's that they need insurance as they are responsible for any damage they cause, but I have never checked to make sure they have this cover. As said in the thread, there are certain insurance policies that exist to cover you for damage caused, but they are a lot more expensive. Touch wood so far I have only ever had to deduct money out of the security deposit once so far, there has never been anything worse, except for the swimming pool liner for which I could never prove liability anyway, although I've a pretty good idea who put the hole in it!
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Alan Knighting
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Post by Alan Knighting »

Jenny,

Third-party insurance and what it actually means? Another “fun� subject?

From the owner’s point of view – go to your insurers, tell them that you are using the property for holiday lettings and they will issue the appropriate cover and charge you the appropriate premium. If you don’t and an incident occurs which is your fault then you are personally responsible.

From the holidaymakers’ point of view – they decide the cover they want, they buy the holiday insurance and they pay the premium. If they don’t and an incident occurs which is their fault then they are personally responsible.

It’s that simple.

Fluffy
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Rocket Rab
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Post by Rocket Rab »

Hello Alan,

Sorry, I must be giving the impression I'm a simpleton!

Yes, it did occur to me to contact our insurance company and I had lengthy conversations with the appropriate people both in France and the UK. I have now managed to sort something out, but getting there wasn't quite as straightforward as you imply... :wink:
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Big Sis..
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Post by Big Sis.. »

Hi Jenny,
Sorry, I must be giving the impression I'm a simpleton!
You havent ...and you arent Jenny :D
Insurance is a complicated business and its important to make sure you get what one works for you .
If not you might as well not bother..... :roll: :wink:
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Alan Knighting
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Post by Alan Knighting »

Sorry Jenny, I’m not treating you as a simpleton even though many suppliers will. They are not supplying your needs; they are selling a product.

The “simple� bit is knowing what you need, what you want, and making the appointment with your insurer or your lawyer. Simplicity goes out of the window once you attend the appointment. You can then find yourself “swimming in treacle�.

With both, stick to your point. You want insurance cover for certain eventualities; you want to achieve an enforceable legal situation.

They may both try to sell you something you neither need nor want and that’s the “swimming in treacle� bit. Know what I mean? You go to your bank to get a better rate of return on your investment and they try to sell you a low interest personal loan (at 15% APR ?).

You should be equally “sticky�; stick with what you need and what you want. If you are getting nowhere then go elsewhere.

Fluffy
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Rocket Rab
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Post by Rocket Rab »

Alan Knighting wrote:They are not supplying your needs; they are selling a product.
How right you are, Alan. And therein, I think, lies the nub of many problems. Consumers of the world, unite!
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