Residhotel fail to pay

I believe some people are paid in advance and some people in arrears. I am paid in arrears.

There is now a post on the site residhotel.over-blog.com giving advice about the non-payment of the RH rent due in April. We have to send a "lettre de mise en demeure" - this letter is the first step in taking legal action. It seems that those who are paid in arrears can only claim for the week of 24th-31st March, but those who are paid in advance should claim for the 3 months of April/May/June. It would be good to have a template for this letter.

The person who posted this advice also says that if RH do not pay rent on-time during the 6-month observation period, they will demand the legal liquidation of Rhode Tourism, as it seems we are entitled to do.

I think we might have to send another letter to claim the arrears for 1st Jan to 23rd March, as described by cordiez earlier in this thread. If I understand correctly, RH will have up to 10 years to pay us this rent.

What I am struggling to understand (with the little french legal background I have) is that if RH are now under the administrators and must pay rent on time from 24th March, why the first payment will not be paid now for those that are paid in advance (ie for April May and June) Does anyone know? I said in an earlier thread I thought it would be July but I thought at the time we were paid in arrears which actually we are not.

Rent due after the 24th of March, i.e. the last week of March for those who get paid in arrears, was due in early April. The Receiver should therefore pay this without delay.

If your lease agreement states that the rent is payable in arrears, then on 24 March, when the company was put into Receivership, the first quarter of 2009 was no due yet. The first quarter is due in April, but payment is now upheld by the Receivership proceedings.

Residhotel owe you Q4 2008 plus any bailiff fees if you had a 'commandement' served. As for the last week of March, this is due at any time now (my comments above refer). Q2 of 2009 will become payable in early July.

As for the rent increase, this usually applies on the lease's 3rd anniversary date. If that date is 1 January 2009, then the rental increase for Q1 2009 should be included in your claim too. Lodging a claim in receivership proceedings in called 'Declarationd de creance' in French legal terms. If the 3rd anniversary is 1 April 2009, the rent increase should be automatically applied by the Receiver and cannot be claimed in the 'Declaration de creance'.

To summarise, here is what you can claim through a 'declaration de creance':

- Outstanding rent payable before 24 March 2009;
- Bailiff fees, if applicable;
- Rent increase if in force prior to 24 March 2009.

Any sums payable or due after 24 March cannot be included in a 'Declaration de creance' and are normally payable by the Receiver without having to make a special request for this.

Fabien Cordiez

mccos39924.5704398148

Seamus

We are supposed to be paid in advance, but at the outset of the lease Rh had a 3 month rent free settling period where no rent was payable

Rent is to be paid in advance by 15th of the month at the start of the quarter, I am therefore overdue a payment from 24/3 - 31/3/09 plus the quarter April, May and June. As yet I have had no payment from the administrator and no word when it will be paid so once again RH are in breach.