Hi there

Well, I guess it was only a matter of time, but the leaseback investment we entered into in 2006 is on rocky ground as Eurogroup are enforcing a 45% reduction in rent due to economic dificulties with the site. There has been a miserly offer of 400 euros discounted off any holiday rental of Eurogroup properties in France but this in no way compensates for the drastic reduction in rent. I guess I'm asking for advice and support and you Seamus have been extremely helpful in the past. I know I need to negotiate with them but we are starting from a very low base. All tips gratefully accepted.

Thanks

Commentaires

17 Septembre 2009

John,

We try to be pragmatic and look ahead. We spoke about the development of Uzès and we got the P&L. As a former international auditor we checked the account and there is a loss. So or we ignore the loss, allow EG to exit and we will find a new management company at -25% or -30 or -45% or we negotiate with EG a minus 25% but ask for compensations such as a variable rent based on turnover, additional free weeks...ask for a 3 year business plan to do projection...so try to understand what happen instead of just looking at the past in a past world.
However we can consider that EG is not the best company to achieve a decent turnover on a city resort and we change it.

You have a buy to let in UK, if your tenant is not paying the rent because he lost his job, what do you do???

I know that you have a mortgage to pay, common charges...maybe you can extend the duration of the mortgage, maybe you can accept a rent decrease but ask EG to pay for land tax...

Just a question: are you invoicing to your management company the household refuse tax to reduce your costs?

Regards

Bertrand

7 Octobre 2012

Hi Foster, we're also in the Vendee with EG and have had the same rent

reduction request. Many of our co-owners have taken legal advice on the

9-years renewal issue - most of us have a clause in our Bail Commercial

saying no compensation is due to the tenant should the landlord decide

not to renew after the initial term but what do you know, this is invalid in

French law since the French Commercial Code expressly prevents non-

compensation clauses. So we're in the same boat: tied into a never-

ending lease agreement unless we pay compensation. One owner has

been quoted €18,000 compensation to exit 2 years before the end of the

lease: this is significantly more than received in rent over the lease so far.

EG can't force you to accept a rent reduction, but what's becoming clear

on our site is that they are preferentially placing new bookings into

properties who have accepted the reduction. Happy to share more

information - send me a PM if so.

30 Septembre 2012

Hi I am new to the forum and would like some advice.


I bought my apartment in the Vendee 2004 on a commercial lease scheme with GPL and was lead to believe that after 9 years I could come out of the lease without penalty. The lease was bought in 2006 by Eurogroup and I thought that coming out at the end of 2013 without penalty still stood. I now understand that a commercial lease can roll over to another 9 years.


Eurogroup are now wanting to reduce the percentage of rent for the next 2 years which I have refused. If Eurogroup insist in a reduction in payments to us are we entitled to withdraw from the lease without paying any compensation. I understand that we would have to pay the remaining VAT.

13 Mai 2010

Good luck in dealing with Eurogroup-they were involved in an illegal occupation of a couple of properties once run by Monnier Group (another must to avoid) so I think you need all the help you can get.


Bertrand from C'est la Vie is very knowledgeable and you could do a lot worse than follow his council. It is essential you get together as a strong owners group to share costs and get some good professional help.

11 Avril 2010

Why have you let it go this far? Did you not send a commandement de payer and bring in the bailiffs?

11 Avril 2010

Good point!

The development is les residences des alpages (also les

lodges des alpages) in la Plagne.

Managed as I mentioned by Eurogroup.

Kind regards

Colm

10 Avril 2010

I am a recent arrival to this forum but was looking for

help on the internet and stumbled across it.

I have a property on a LeaseBack arrangement with

EuroGroup which I purchased in 2004.

Eurogroup have not paid me any rent for the last 12-18

months.

I have not received any communication form Eurogroup

telling that this would happen or explaining the non-

payment.

I have received regular and complex/dense legal

documentation form the Syndic which would appear to

indicate that they are in dispute in some manner with

EuroGroup but I am unable to completely understand the

documents as my french is not up the task of reviewing

legal documents of this nature.

Does anyone have any suggestions for how I would figure

out what is going on and what my options are?

I am based in Dublin, Ireland, btw.

17 Septembre 2009

John,

The household refuse is part of the land tax you just receiced to pay. Read carefully your lease contract and you may discover that the management company has to refund this part of the land tax. Don't expect from your accountant in France to do it, C'est La Vie is the only one accountant company to do it. See our advert above.

Bertrand

17 Septembre 2009

Juan,

yes theorically if they cannot pay you evict them and find another tenant if the new tenant is ready to pay the former price which depends on the renting market....But you are right here the law protects tenant maybe too much.

We cannot ignore the law.

Kind regards

Bertrand

17 Septembre 2009

Bertrand

I will tell you how it works in the UK and Ireland. If my tenant doesn't pay his rent because he loses his job then I evict him and find another tenant. If I can't I will be able to use the house as I wish, allow my son to stay there or whatever (it is MY choice). In French law I can't do this because the law always favours then tenant...this is wrong. The law should favour the party who keeps their part of a legally-binding lease.

17 Septembre 2009

Bertrand


I understand your stance on trying to make the most of a bad situation!


However,Eurogroup legally wouldn't have a leg to stand on if they reduced the legally contracted rent,if this went to court.


It is only that they can bully there way through with threats of withdrawal after each 3 year period.


In your opinion,if someone could sustain the financial strain,would they win the day with regards the contracted rent?


Hopefully this 3 year clause is now gone,but they will find another way to pressure owners to give way!


I don't understand the question on refuse disposal.


I give my co-op bills and management bills to my accountant.Is there something other he should be doing?





17 Septembre 2009

Please realise that if you accept this you are devaluing your property by 45%.

17 Septembre 2009

John

Unfortunately, both the yield and the INSEE index increase are contained in the legally binding document. Accepting 6% instead of 22% is also allowing them to devalue your property. It may be more palatable than a rent decrease but it is essentially the same thing... the French legal system allwing one party to break a legally-binding lease.

17 Septembre 2009

huwalun


I do appreciate the situation you are in and have to do the best of a bad deal!.


Unlike you,we were not talking about the agreed rent or any reduction.We were dealing with the INSEE increase which had no cap on it.The INSEE increased by over 22% in the relevant 3 year period.


As you probably now know,that the value of your investment is linked to the yield!So after tracking the insee for the last 3 years to see Eurogroup reneging on a legally binding contract was galling to say the least.If the boot was on the other foot they would have made pay!


Unfortunatley due to legal costs and hassle and being realistic in the economic climate we accepted a 6% increase.


17 Septembre 2009

Totally agree with this John. I thought I was making a safe investment in the sense that the relatively low guaranteeed rent was fixed and hassle free.


However, we are we are, and under the regulations I want the best possible outcome to safeguard the future of the property and the investment.


How is your investment? Are terms being re-negotiated?

17 Septembre 2009

Bertrand,


What sort of nonsense is "we can calculate the appropiate decrease"


This leaseback was bought with a legally binding agreed % rent and is now being decreased.They are a supposedley a law abiding muti national company threatening to withdraw unless they can force through a rent reduction.


Can this owner re-negotiate his buying price,mortgage and co-op fees,it's absurd.


If it wasn,t for the threat of this 3 year withdrawal(which they apparently can't do)this owner could stand firm and sue them.


When i bought,one of the things that was made clear was that "that the rent was not your problem"


Another point on misselling,to add the numerous others!



Regards



John


17 Septembre 2009

Good afternoon,

Could you tell me which development is it?

it is a negotiation between 2 parties. First of all you need to ask for the Profit and Loss account of the resort on the past 2 or 3 years. Fax it to us and I will give you my opinion here.

We have already experience with EG in that sort of negotiation. Once we have xxxyzed the result, the occupancy rate...we can calculate the appropriate decrease. Any rent reduction must be trade off against a variable rent, free weeks...

Bertrand
info@clvproperties.com

Kind regards

17 Septembre 2009

John

Thanks for the info. can you believe how the French operate... a judge can change a legally binding contract to reduce rent. What are the chances of him reducing the amount of interest we pay on a mortgage (i.e. another legally binding French contract)?

17 Septembre 2009

I wouldn't believe a word of what Eurogroup says.


On our development in st.Maxime in the south of France they refused to pay the full 3 year increase in INSEE(over 22%)saying they would pull out at the next 3 year period.They will any tactics available to get there own way!


I spoke to there legal representative who said "That in a recession they could ask a judge to reduce the rent".So instead of a legally binding contract to pay the full INSEE increase they put pressure on knowing most won't contest it due to legal costs and hassle.


After the recent change in the law with leasebacks can they still pull out after each 3 year period?



Regards



John



17 Septembre 2009

Thanks again. I have contacted Bertrand.


I didn't know that it was possible to claim personal individual control of the leaseback and it may be somewhat burdensome in terms of maintenance and servicing of the property, but may be this can be properly outlined to me as I have a limited time frame to respond.

17 Septembre 2009

Do you really believe claims by a management company? I'd suggest that you contact Bertrand above as he seems to have sorted out a new management company for Mutley's complex. I really believe that in these cases your apartment should be handed back to you to rent out yourself. By doing this you are still promoting French Tourism.

17 Septembre 2009

Thanks for your reply. What options do I have now? As Eurogroup have threatened to pull out and that they claim any other holiday group would offer similar terms in the current economic climate.

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