English
FrançaisThe rental payment by Odalys are late again, it was due 15th Oct. and on 2nd Dec it has still not arrived. I received a letter at the beginning of the year that Odalys will do their outmost to pay rent promptly, however, that was only a good wish. Previously I have sent them emails which lack responses. I have learned from French friends that the only thing that helps in France is to send "Recommended surface mail", anything else will be for the dust bin. I was informed that Odalys were undertaking a capital extension but that has probably not suceeded.
I am fed up of the situation and want to sell. I have purchased a house in the area and does not need the appartment anymore. I have tried to sell it but the market is very slow for leasebacks. The financial marked does also require a higher profit than I can offer. The best solution is to terminate the lease contract and then offer it on the market as normal tourist appartment. The area is very attractive. My lease contract is saying this in Article 10: It shall be expressly agreed that if the LESSEE fails to execute any of its commitments, notably in the event of the non-payment of rent on one of its due dates or the non-observance of the obligations set out in article 3 "PURPOSE", the LESSOR shall be entitled to lawfully and automatically cancel the agreement. The cancellation shall take effect one month after notification or demand for payments remains without effect. The cancellation shall not require any kind of legal action.
I just wonder how the procedure is and what would the concequences be to just demand for termination of the agreement. Has someone any experience from this? Also could the owners take over the management?
The administration on behalf of the owners is undertaken by SGIT, which is a Odalys entity, and would be subject inhability. I understand this is the case for all Odalys facilities.
Commentaires
iain b
Hi licorne,
5 Décembre 2013Hi licorne,
I bought at Bastides de Grmaud off plan in 2005. Rents started mid 06 and there has never been a problem until recently. Yes, the odd one was a week late but the payment due on 15 July 2013 wasn't received until end August. Payment due 15th October went into my accountyesterday (4th December). The payments line is just a recorded message. I spoke to someone last week in another department who was quite helpful. she explained the woman (who I e mail every quarter a week before the rent is due) had left and she gave me the name of a guy who was over-seeing the section. He didn't reply.
Like you, I've contemplated serving notice but would probably get the London Lawyer who dealt with the original paperwork to give the procedure the once-over.
I'm not at home where my files are butb the agent I dealt with in the UK is called ASSETZ (owned by Stuart Law). To be fair, they were and have always been very good. I think it was them who recommended the lawyer who was an English/London firm with a section specialising in Foreign property purchase/ french will writing (done to follow the terms of your English will).
I'm interested to see what replies you get to this from people with more knowledge than me, but my general experience with this sort of thing is to belt and braces it with a lawyer just to make sure there are no loop holes.
Cheers, Iain
Henri
Licorne/Iain,
23 Janvier 2014Licorne/Iain,
I have just joined the website.
My last payments from Odalys for Grimaud were 5 & 17 July 3013 in respect to previous quarters - nothing since !
What's the up to date position with your goodselves ?
Was unaware that the previous woman that I was emailing had left - what's the new email address that your using ?
Would appreciate your response.
Thanks, Harry (Dublin)
iain b
Paid on 4th Decembe what was
23 Janvier 2014Paid on 4th Decembe what was due on 14th October.
Payment due 15 January is still outstanding.
Henri
Hi all,
7 Février 2014Hi all,
I eventually got through to talk to somebady last week - they say that all outstanding payments will be paid this (Feb) month. When asked when in the month -
they answered after the 20th ! So we'll just have to wait and see. I'll keep you posted.
Harry
Licorne
I have now received the rest
16 Février 2014I have now received the rest for the last half of 2013. The name I got from Odalys was
Ludivine Eynard
Propriétaires
Odalys Résidences
Parc de la Duranne-BP 412
655 rue René Descartes
13591 Aix-en-Provence Cedex 3
He used the email Marie Laure Laville [mailto:laville.m@odalys-vacances.com]
I sent 2 recommended surface mail letter to the director given in my contract and used emails,
in decembre I received a response that the money would be paid in two weeks time.
Odalys has a lot do go on with regards to communication, which is far from professional as common in business.
The reason is probably that they struggle a lot and hire low qualification people. I would guess that salaries are rock bottom aswell.
Henri
Finally received (last week)
31 Mars 2014Finally received (last week) the outstanding two 2013 quarters - of course occupancy has started again (was down in Grimaud last week) so cashflow has recommenced.
The 1st quarter for 2014 finishes today but I presume that it will take a while for same to materialise. Won't hassle them for a while.
Perhaps it would be a good idea for us to communicate when these payments are received.
Talk soon. Irish Henri
iain b
Morning Chaps,
1 Août 2014Morning Chaps,
Gues what; rent due 15th July has not been paid. I'm in France next week and am going to visit Bastides de Grimaud for the first time and seee what the set up is.
Has anyone ever been to one of the co-owner meetings? SGIT Gestion? Are people in this/part of the management co set up for B de G who are NOT leaseback customers but just private owners for own use/private letting?
My half way break clause is up in a year and I'm thinking of serving notice and then selling the apartment or using/private letting it. can anyone givve any advice here?
Thanks, Iain.
Licorne
Odalys has not paid lease
12 Août 2014Odalys has not paid lease rent since February 2014, the 15th April and the 15th July deadlines are missing.
I visited a notaire in the Grimaud area in July to discuss the situation. He did not like Odalys either, it is a large powerful company. He advised not to use a lawyer against Odalys, it would be very costly and it also takes time, at least two years. He advised to use the Bailiff (Huissier in French) instead because it is a lot cheaper. It seems that Odays can do what they want in France and will damage the reputation of the lease back system. Odalys sent a letter in June explaining that they go with profit but have cash flow problems due to bus travel companys not paying. I have left to see any bus at Les Bastides de Grimaud. Now, they use us a bank.
I think the best is to take the management of Les Bastides de Grimaud over ourselves. The quality of service needs to be improved. Now I have a house in the same area and have no problem of renting it out when I am not using it. If more owners cooperating against Odalys, we would be more powerful.
Henri
Licorne,
18 Septembre 2014Licorne,
I'm going down to Grimaud to stay for 2 weeks at the end of this (Sept) month. That will bring my 2014 visits there to 5 weeks.
In the absence of receiving any rental payments for 2014 (the last one received earlier in the year was for Q4 in 2013) I sent an email to them but of course, as expected,
didn't get any response.
I also wrote to the President of Odalys (the person who signed the 2dn June letter to us all) on the 2nd Sept saying that it was 3 months since his original letter and that he
owed the owners the courtesy of an update on the arrears situation. No response yet !
What is really bothering me is that my break clause is in May 2016 (I think) and from reading various comments from contributors on this web site it would apprear that you
have to serve notice on them (Odalys) about a year in advance of option date or miss the boat. Is this what you were talking to the local Notaire about ? Is there any point on I having a meeting with the same person when I go to France ? Your comments are correct in respect of SGIT - there is surely a 'conflict of interest' in them being part of the Odalys
organisation. I would be interested in engaging with fellow owners to co-ordinate our strategy going forward but I doubt that SCIT will provide us with owner addresses/emails
(they will undoubtly use Data Protection excuse). I live in Dublin & I think that there are other Irish owners but are not sure.
Would appreciate your response. (my email is briscoeharry53@gmail.com if you want to communicate off site)
Henri
Eventually got my Odalys
16 Décembre 2014Eventually got my Odalys payments (3 payments in arrears) up to date following the issuance of CDP by Bailiff on them.
It was organised via this site at a cost of £50 with the Bailiff charging another e174.
It only took about 3 weeks from start to finish to get the funds into my French a/c.
I know there is another payment due on the 16th Dec but will probably leave issuing another one until after the 16th Mar 2015 (looking for 2 payments).
This is definately the way to deal with them in the non-payment of rent.
Henri