Financial & Legal

Letting agent who won't pay up

Wordzz writes in Financial & Legal

I rented out my flat in July 2011 via a local immobilier. They then let the flat again in the months of September, October, November and December 2011. To date I haven't received a penny, despite numerous emails, phone calls, and visits. They have, let's say, obfuscated on several occasions, e.g. saying they had sent a cheque to me here in the UK (which never arrived, and after I had expressly asked them not to send a cheque), on another occasion saying they had transferred the money to my French bank but mistakenly (?) getting one of the digits in my account number wrong, and so it goes on. They now seem to have stopped answering my emails and I am now assuming that they are intending not to pay me at all and hoping that I will eventually give up. The amount involved is over 6000 euros, so I really don't want to let it drop. However, I have no idea how to proceed. I can keep asking them to pay, but if they just ignore me, I'm not sure what to do next. I could get an avocat involved, but that seems a bit drastic for a first step and would probably end up costing me more than the amount involved - though I would be prepared to do it if it's the only way.Short of trying to get the press involved, or even going to the police, I'm at my wits' end to know what to do next. Any advice greatly appreciated!!
Many thanks!

Posted on: 01/02/2012 at 22:33

Sadly, this sort of tale is all too commonly heard in the "glorious, glamourous" South of France. I'm no expert but in my view you should get on a plane asap and, without letting them know you're coming, you should turn up at the letting agency premises and demand the return of your keys and any other things relating to your apartment that are in their possession. Perhaps you should go directly to your flat and request that the tenants stop paying the agency forthwith and pay you instead. I don't know what sort of contract you have but in the contract there must be a clause stating that monies paid by the tenants go to you after agent commission etc...? They are therefore breaking the contract. As I say, I'm no expert, but in this part of the world it can often be a vipers' nest and I was consistently shocked and disbelieving when I first got here six years ago at the way individuals and businesses shamelessly ride roughshod over agreements, written or gentleman's. In any case, here I'm afraid in day-to-day life among the population there is no such thing as a gentleman's agreement I'm sorry to say...I have learnt the hard way and I am sure and certain that you will not make any headway unless you come here physically.
Good luck. You will have to be warlike and aggressive. Tell them you're a lawyer or that your father/brother/sister/mother is a lawyer and be very confrontational otherwise you won't get anywhere. In my experience being aggressive, extremely assertive and downright menacing is the only way that you can get them to back down over here. On a positive note, they quite often do back down when confronted with an angry, determined English/anglophone person as they don't quite know how to handle it culturally. The French in my view tend to hide behind a lot of unspoken etiquette and traditional methods of doing things and ways of reacting. Take advantage of that cultural weakness, as I see it, on their part and go for it! Again, good luck.

Posted on: 02/02/2012 at 01:02

p.s. ...take all your relevant bank statements with you

Posted on: 02/02/2012 at 01:03

Very sorry to hear about your hard time.....as suggested, I am afraid you are going to have to stand up to them and be very aggressive. The French are not good at dealing at that...all mouth and no trousers in my experience. They don't understand the Anglo Saxon approach ! Get on that plane !
One thing - I am looking for property to rent,can you email the name of the Immobilier, want to avoid them...
I wish you luck - keep us informed.

Posted on: 02/02/2012 at 07:16

Would you consider employing a bounty hunter with experience of the procedures? i.e. on a no-win, no-pay basis at say 15%?

Posted on: 02/02/2012 at 07:47

Although I understand that going to a lawyer might seem a bit drastic, it might help clear things up. I had issues with a builder once (who hasn't?), and things turned quite nasty. I went to a lawyer, and all she had to do was write one letter to said builder. It showed him that I was considering taking things a lot further than he hoped, and it worked a charm. So, taking on a laywer doesn't have to mean long and costly courtcase. Can't remember what it cost me, I think 120 euros. For 6000 euros, it's certainly worth a try. Good luck!

Posted on: 02/02/2012 at 08:52

Get on a plane and march into their office unannounced. I presume they are also holding a set of keys. Refuse to leave until you have a cheque & keys in your hand !
I know it sounds aggressive and we Brits aren't always very confrontational but it usually works !

Posted on: 02/02/2012 at 10:19

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