I have just heard Residhotel have gone into administration. This is not confirmed but has anyone else heard anything?

Commentaires

All those Residhotel leases which I have reviewed on behalf of leaseback owners state, as most French business leases do, that the leaseback company (Lessee) can 'sell' the lease to another company. This, in French legal jargon, is called 'cession de bail'.

If RH sold some of the resorts to Quietude through a 'cession de bail', then Quietude should simply take over existing leases and cannot change terms and conditions e.g. lower the rent.

cordiez is right... however they can stop paying rent as RH did and apparently that's already what's happening with some residences which have been recently taken over by Quietude.


Also Quietude creates some small companies such as SEHEP and transfer the lease to them and to other small companies such as SGH, without telling the owners.

Hi, I have received a response from leasebackownersclub stating that they made an error with reporting the take over of Residhotel resorts by Quietude - it is 17 resorts as was first reported.

Rich22 and Gabriel-


I too am an owner in Residence Virginia in Grasse. I received a letter on Friday, dated 29 April. My French is poor, but if I understand it correctly, the management of Residence Virginia will be passed (was) to a new company on May 1, and my lease will be transfered as well. It further stated that the new company will contact me. I have not be contacted yet by the new company.


I do not know any other details. I too am waiting for my first rent, due on May 17.


-Stan.

hi stan


keep me posted if you hear anything re rent going foward. i have been unable to speak with anyone in rh. very frustrating.


fingers crossed for 17th may.

Does anybody have a contact name in Residhotel whom I can email in regard to having my rent paid directly into my bank account?


I sent a letter to Residhotel - service proprietaires - 45 Allée des Ormes - Bât. B - 06250 Mougins - France requesting this with the bank details but it has been ignored twice now.



Any help appreciated.



Regards, Kieran

Can anyone advise on the co-ownership charges. I was not advised by my lawyer that I would have to pay these. Does anyone have a figure on how much they generally are?


Good to hear that some people have received rent from residhotel - I am still waiting...

Are there still people waiting on rent from RH? We have not received anything as yet this month but not sure whether perhaps they are paying on different dates as per the original lease agreement.


I thought they were obliged to pay on time once they went into administration?! On that note does anyone have any information on how this may pan out now they have released some of the other residences?

I got my 2Q09 rent from Resid Hotel - statement just arrived today - for the residence in Carcassonne. But no 1Q09 rent, so we issued a commandment de payer but nothing as of yet. Is there a time limit to how long we can or should wait before perhaps taking legal advice to try and claw back the 1Q09 rent? We do not want to break the lease, as we want to see what will happen with the company. Also, our mortgage is taken out with a French bank and does not start until January 2010, so we have a bit of time.

Thanks for the info Fabien, the article was useful. I will now get in touch with you directly about possibly lodging a proof of claim. I tried the Irish phone number and the 1800 number but was not able to make contact. I will send you an email to the email address listed on the article.

Dear Tuulia,

Under French Insolvency law Residhotel are required to pay the rent due since 24 March. The company must pay in a timely manner, failing which owners could ask the 'Juge Commissiare' to rescind their lease, or even ask the Cannes Court to Liquidate Residhotel.

Yesterday was a Bank holiday here in France, hence why there was nobody to answer your calls. I safely received your email and will respond to your queries this morning.

http://www.solicitor.fr French lawyers Solicitors

Having carried out some enquiries today, I can report that a hearing
should take place at the Cannes Court on 24 September 2009, where the
Court will decide whether Rhode Tourisme will continue to operate, or
whether the company should be liquidated. The Judges should benefit
from better visibility, i.e. further details as regards whether
Resid'Hotel were able to generate profits over the Summer season. The
chances are that a CVA could be agreed, allowing Resid'Hotel to settle
outstanding rents over several months, or even possibly years. The
deadline for overseas-based leaseback owners to lodge their proof of
claim in the Receivership (a process called 'Declaration de creance')
is 14 August.

Meanwhile, Residhotel must continue to pay any rents that have accrued
since 24 March. Where leases have been transferred to another leaseback
company e.g. Quitetude, Resid'Hotel are discharged from any liability
to pay rents since the date of the transfer. If Quietude does not pay
rents on time, owners should file a 'commandement de payer', as they
previously did (in most cases successfully), with Resid'Hotel.

I hope the above is informative.

http://www.solicitor.fr French lawyer solicitor

Dear Fabien,


Many thanks for your helpful information. Is there information available on what properties of Resid'Hotel have been transfered to other leaseback companies, or would that be clear to the individual leasebackholders?


Thanks,


Emphyteusis

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A list of
those holiday resorts transferred to Quietude exists, and is possibly
accessible somewhere through this forum, although I do not have a copy.

In any event, all leaseback owners whose lease is transferred to another management
company MUST be notified of the transfer, failing which the transfer in
question cannot be invoked against them.

http://www.solicitor.fr French lawyer solicitor

cordiez40009.6020601852

Fabien


Re your latest post, our residence was transferred to Quietude, but is still being marketed by RH, I have not returned the letter from Quietude accepting the transfer of my lease to them as I am unsure whether it is a wise move (I have taken note of your previous posting about writting 'Bon Accor' on the letter and thus removing RH's responsibilites for future debts). Could you tell me where I stand with the latest developments and who to sentd a CdeP to.

RH did not actually need your approval to transfer their lease to Quietude, so the fact you did not return the acknowledgement form makes little difference here: Quietude are now liable for all rents due since they took over from RH. Any unpaid rents due since then can be claimed by having a CdP served upon Quietude - a service I can arrange through a bailiff, for a fixed fee.

Best regards,

Fabien Cordiez

Avocat à la Cour, Solicitor

Member
of the Law Society of England & Wales – n° 331485 - practising law as Avocat member of the French Bar Association http://www.solicitor.fr

The rents for May and June 2009 for the developments managed by Quietude now will be paid by Residhotel (the receiver) who is paying with the funds due by RH to Quietude (reservations taken for this summer by RH). I called the receiver who is organising it.

It seems that Quietude had not had time to organise the payment and in addition has maybe no cash to do it.

Bertrand from C'est La Vie
info@clvproperties.com

Dear Fabien and Bertrand


I understand Quietude have taken over the lease and perhaps why RH paid the rents for May and June, but I have recieved my form for booking my week in the winter season and Quietude inform me I must book it through RH, surely they have had enough time to organise themselves for the winter season by now. RH have also published the prices for our residence on their website and seem to be marketing it from there as there is no metion of it on Quietudes website. No doubt I will have to issue a C de P but as there seems to be confusion into who is liable for the rents do I issue 2 ?

RH will pay as long as they have enough money (money from reservations for this summer made prior to the transfer of the lease). Then Quietude will have to pay but news from Quietude are not very good as cash is concerned. If you are not paid in July for May and June you will have to send a CDP but the receiver confirmed that it will be paid.

Seamus


You seem well informed perhaps you could guide me I have a place at Residhotel Les Haut d'Andilly been trying for ages to get any info any suggestions I have sent register letters to Residhotel and Reciever looking for status but giot no reply yet thanks

Hi Seamus, Purchased appartment Residhotel Les Haut d'Andilly in 2005 came on line 2007 was paid since then six months in arrears as per contract last payment was Jan 2009. Expecting payment July 2009 for first six months this year and have not received and notice of payment yet. I only found out of Residehotel going into receivership through internet I have not got any correspondence from Residhotel this year (2009) on any matter nor has any receiver contacted me any suggestions thanks

Seamus, No did not move but have sent details to residhotel again and to receiver at this address Master Cardon, 15 impasse de l’clock, 06.110 Cannet, France perhaps you could inform me if this the correct address of the reciever you help to date was great unfortunatly I dont think any of the other Andilly owners know there is a problem as rent is paid 6month in arrears twice a year Jan and July so they will not experience a problem until their bank contacts them, thanks again


Has anybody received any rent from RH yet? Has anybody got any updates on their current situation? Other than leases being sold on to Quietude (another failing company), I've not seen much recently.

Seamus; inresponse to my previous enquiries to you I have now recieved my rent for Haut Andill for the full 6 months this year I sent registered letters and phoned residhotel last week apopreciate your guidance. was lost on procedure Thanks again

I am an owner with Quietude who you may know has also now entered receivership - although i have not been told directly by quietude, i have only been told by others and seen it on this blog.


I have also been told that I may not receive any rent even during the receivership period as Quietude simply don't have enough money and have to pay other costs such as their staff costs first. Was this the same situation with residhotel and can anyone offer advice on how to try and claim the money from the receiver?


Finally, does any know of any Residhotels properties that were not being continued as leasebacks(either by RH or Quietude!). My particular residence only has 8 apartments and I am concerened that any new management company may not want to bother with it. Does anyone know what the rules governing new management companies taking over properties are in this respect?



I am tentatively in the process of trying to find out how much a one bedroom apartment (35 sq meters, plus 5 sq meters terrace) in the La Close de la Cite development in Carcassonne would sell for in the current climate. To this end, I wonder if anyone knows of any local estate agents who speak English, so that I can enquire with them. Myself and the co-owner are now in different financial circumstances than we were (at the time of purchase in 2007). We will be contacting our bank in France but we may decide to sell, if there has been no loss on the value. It was €125,580 (this included the 19.6% VAT, which has seen been refunded to our account)<?:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

I have received a bill from Societe Art for my apartment in Carcassonne - I am slightly confused by this as I was informed that maintenance would come under the management company (by my solicitor who read through the contracts). Has anyone else received a bill? I was also surprised at how much it is given that it's a new development. Is there any cap on the amount?


Thanks


I too have received a bill. I have emailed them to try and establish the breakdown of it as it is well over €500 which seems excessive. Part of it also relates to the first quarter for which I have as yet received no rent and I am disputing having to pay this. To date I have received no response but that is no surprise. I would welcome any advice on this.


Thanks


Cath/ worried


Societe ART are a sister company of Residhotel, they ran our residence for a year, our association found them to be expensive and dare I say it corrupt as the monies owners were paying were not being spent on maintenance and under insuring the residence, hence, when there was a problem the insurance company were very relucant to pay out. When we got rid of them the question was asked where was the rest of the monies paid to them, the response it was spent on meetings and there were no accounts available. Like so many people administering leaseback developments they are all in it to make a quick buck at our expense.

we managed to get rid of them at the annual AGM, the association managed to find an alternative management company who quoted for the running of the place and were voted into position much to the annoyance of ART. Be warned though ART do try to get you to give them your proxy vote if you are not attending prior to the AGM to block any motions that may interfear with their nice little earner.


Re-sister companies you don't have to dig to deep to find the developer, builder, promoter, management company and leasee all pee into the same pot and are in someway connected. The scheme seems to be a con from start to finish.

Perhaps those of us who have apartments in Carcassonne should try and get together via email to determine if there is anything that we can do for next year.


At least send them an email advising that we will be seeking their replacement if we do not get satisfactory responses as to reasons for the level of costs.



I received a letter the other day from Rhode Tourism regarding what I believe to be the claim we submitted for the missing quarter payment. Has anybody else received this letter? I could do with bouncing around the contents as I am only understanding the gist.

Thanks Seamus - I know they are disputing the amount but to be honest I had lost hope of having it refunded anyway. Mine was only a 90 euro difference. However, there was a bit in the letter that I was unsure of, it seemed to say that there were over 2500 claims and paying these would further burden them with the safeguard procedure. My french is not good enough but I thought they might be suggesting us withdrawing our claim?!

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