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Category Archives: Church

Monsieur C Is A Very Happy Bunny!

So, the hairdresser will be moving out on 30 September 2012, but what about Monsieur C? No! He will not be moving out any time soon! In fact, he’ll possibly only need to move out in a box! Then, we would have more problems as one of his children could step into his tenancy shoes. French law is marvellous, it is very protective, but not if you’re an existing victim of fraud!

As a starter, it appears that his tenancy has the highest level of legal protection in France, I will explain, and he is further opposing eviction on grounds that he is a resident in the property, his tenancy is not commercial.

To clarify Monsieur C’s tenancy protection. It was revealed during our recent visit to Champagnac that Monsieur C was ‘placed’ in the property by the Social Services. We have no more details as that would ‘breach his human rights’, but the fact was confirmed by the former village Mayor, Monsieur G. It appears that our sellers were not given opportunity to refuse Monsieur C a tenancy agreement, the Social Services rule the roost in such cases.

No wonder our sellers felt the need to resort to fraud to sell the property, Monsieur C had apparently informed them that he would not move out to permit them to sell the house without a sitting tenant comfortably in situ.

Where can we go from here, regarding Monsieur C? The short answer is ‘nowhere’! The Cadastre can’t evict him, it was made clear to us that the Church will not object to Monsieur C remaining a sitting tenant in our house that truly cannot ever be our home.

In addition to the above shock, we also received a letter from the local Trésor Public to say they will no longer be able or willing to receive the rents directly from Monsieur C and the hairdresser. We must receive the rental payments directly, and pay our building taxes directly. If we refuse to accept the rental payments (as advised by our first avocat), we are “…breaking the law, Madame, and you can both go to prison.’

Do French prisons have central heating? If so, that just might be an option!

Just before we left the house, Tom and I heard Monsieur C walking down the stairs. Then, less than 30 seconds later, he walked back up the stairs to his apartment and quietly closed his door. He was obviously aware that we were in the building, Tom has great difficulty getting up the stairs to the first floor, he doesn’t climb stairs quietly as his breathing difficulties render him sounding like a traction engine, Bless.

As we left the property, we noticed an envelope in ‘our’ mailbox. Inside the envelope, addressed to us, we found a cheque made out to us and the following note (exact words):

“Bonjour! Cheque pour le loyer d’avril 2012 plus 0,38€, ci joint pour solde de 2011. Bien le bonjour à tous.”

For those without French language knowledge, here’s the translation:

“Hello! Cheque for the April 2012 rent plus 38 cents to balance the 2011 rent payments. Good day to you all.”

Monsieur C is, indeed, a very happy bunny.

That’s not all, it appears that the hairdresser needed to move home a few weeks ago; she is now a tenant in the same Public Housing apartment that the former Mayor was going to offer to us, before he was ousted by the current Mayor. I suppose looking after one’s own is normal, in any country.

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One Down, One To Go – Maybe!

Three of us have just spent the lion’s share of a week a few kilometres inland from our favourite French beach, ie Saint-Georges-de-Didonne in the Charente-Maritime. We have visited just about every coastal area in France, from Brittany southward and from Nice westward, and we have yet to find a cleaner stretch of sand than the Saint-Georges beach. If anyone who is reading this has a hankering for a seaside holiday in France, I personally recommend Saint-Georges and immediate neighbour, Royan. Superb!

Our fourth family unit member, our son, was working for a wonderful couple inland, Gilly and Dave, pulling down a rather large shed! There can’t be many things that appeal more to menfolk than demolition! My other two menfolk and I slept soundly in the holiday home of yet another lovely friend, a super pal who has offered, on more than one occasion, to lobby the French judiciary by wearing a sandwich-board bearing words to the effect, ‘Justice for the Hobo Family’, whilst traipsing the main streets of Paris! This might present as being a tad unlikely to happen, but, believe me, that is not the case where this straight as a flying arrow friend is concerned!!

Anyway, during our few days of separation, an urgent request for pet/house sitters came our way, from a friend who lives on the outskirts of Civray. The super lady who contacted us, and who will remain anonymous, has much greater need than ours at this time. We still have the keys to the Gers property of our friends who live in the UK – we had only envisaged being away for 5 days, 6 days maximum with travelling, and we also needed to get to the Cantal to tackle the issue of having no French Income Tax Declaration documents, yet again! But, to reiterate, our friend’s need is more pressing than ours. So, we decided to drop off our two youngest family members to start the pet/house sit, Tom and I then planned to travel down to the Cantal to engage in this year’s inevitable battle with the bureaucrats! From there, Tom would drop me back at the pet/house sit to join our lads, and he would continue down to the Gers, returning to Civray to collect our lads and me in a couple of weeks. 

Good planning – not! Temperatures on the Atlantic coast barely crawled out of single figures; other than on the Tuesday afternoon, the weather was persistently cold and wet, biting winds chewed through our lightweight clothing, it was a really damp, icy, miserable week! The highlights were super lunches with Gilly and Dave, and with our lovely friends, Sue, Tchica and Elmo aka El Nino! At least we felt normal, not at all like hobos! In fact, all round, we were pampered – we appreciated that more than words can ever say.

Sadly, Tom’s breathing became more laboured as the days passed, and we knew he was fighting yet another severe chest infection come the day that we travelled to collect our son. Despite the many inhalers, the antibiotics, the steroids, the nebuliser that provides a limited period of time pumping oxygen into his lungs, Tom really does need better medical care and a stable lifestyle. We are so hopeful that 2012 will see an end to our years as hobos living in France. But, we fear we still have more mountains to climb before we even get a sniff of justice!

So, tomorrow, Tom will visit a local doctor and, once again, will be put back on his feet – for a little while at least, Bless him. The Cantal bureaucrats will just have to wait. Voila!

However, while we were off-line, an email came in from our friend and former neighbour, Madame ZC, I picked it up yesterday. It appears that the cadastre has been true to the word he gave in November 2010 – our hairdressing locataire (who is, and always has been, without a tenancy contract) has submitted her Notice of intention to quit our house that’s not our home!

To recap – after continuously querying the annual Tax Foncier cost, we were advised by letter sent from the Cadastral in 2010 that the property has always been, and will always be, residential only, due to it’s proximity to the village Church. The cadastre further advised us that both locataires, ie Monsieur C and the hairdresser, must find alternative accommodation/business premises, and the Cadastral would, as a matter of legal necessity, enforce that requirement.

Well, it has taken sixteen months, but, it appears that it’s now ‘one virtually down, one more to go’!

Do we envisage problems? Yes, we do, this is France! The hairdresser owes just under €4,000 for unpaid water bills. The Tresor Public has demanded that we must pay the unpaid bills, we have refused to pay; we advised the Tresor Public to cut off the water supply if the bills remained outstanding. The situation has been at a stalemate level for some considerable time.

If the hairdresser moves out of the property without paying her unpaid water rates, the onus of responsibility for payment of those unpaid bills legally falls on Tom and me – despite the fact that the hairdresser should not have been operating her business in our property, she has never had a rental lease or any kind of contract with us. We didn’t even know she existed until months after we purchased the property – the sellers, the notaire, the Immobilier, the former hairdresser, all had been aware of her impending takeover of the hairdressing business. Nobody informed us, we were told, by the Immobilier, the notaire and the original hairdresser, that the hairdressing business would be closed at the end of the 9 years commercial lease period in December 2007. We were given copy of an Attestation that confirmed what we were told. 

Madame ZC has advised us that the hairdresser actually had her Notice delivered by l’huissier (a French bailiff), a service for which she would have been required to pay. In fact, all the hairdresser needed to do was to send a Registered letter to Tom and me, and sending the letter to our house that’s not a home would have been legally considered as good enough! Tenants have virtually all the rights here in France, landlords (willing or not!) have very few rights. Certainly, a tenant who does not give Notice is very unlikely to be pursued, it is too costly in both time, effort and money!

Why has the hairdresser gone to time, trouble and expense to notify us, via l’huissier, that she is vacating? Well, we may be exhibiting classic signs of paranoia – that wouldn’t surprise me, but we honestly believe the hairdresser’s action heralds more trouble to come! I will be speaking with l’huissier tomorrow, for as long as my mobile credit lasts, after Tom has been seen by a doctor.

 

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Red Letter Day – Which Address Is Ours?

Once again, I have been burning the candle at both ends, so I took a couple of days out of ‘cyber circulation’ to catch up with myself!

Two days ago, we had what is to us a red letter day, our forwarded mail finally caught up with us, ie mail delivered to our house that can never be a home between October 2011 and January 2012. Our sincere thanks, as always, to our friend and former neighbour, Madame ZC.

In the large brown package, we found a birthday card sent to me by my daughter and her family, for my birthday last October. There was also a Christmas card sent to us by my sister and brother-in-Law, our first contact for three years. So, two envelopes opened, and we were jumping with joy, a brilliant start. Then, the opening of two more envelopes revealed our Carte Vitale French health insurance cards! We have only waited two years for them to arrive! Unfortunately, because they have been issued to us in the Auvergne, where we are registered as being resident, and we travel all around France, we only have basic cover outside the Auvergne. So, the ALD (Affection de Longue Durée) status of my health issues will warrant 70% refund, not the normal 100% refund. Nevertheless, that’s a vast improvement on having 0% refund, despite having paid in to the system for years!

That was the end of the good news!

Digressing to our ongoing, three years old battle with the local Tresor Public in Saignes, over the hairdresser’s unpaid water rates bills. This is the hairdresser who has no Lease, no Rental Contract, no permission whatsoever from us to be operating a hairdressing business from our property, a property that legally can’t be used as a commercial establishment. The same hairdresser who we had not known about, had not met, before November 2007, ie four months after we purchased the house in July 2007. The same hairdresser who had purchased the previous hairdresser’s Lease as it was coming to its 9 years completion date, before we purchased; a purchase that was agreed by our sellers, and by the notaire, a purchase that the Immobilier had known about since June 2007, In short, everybody knew about it before we purchased, except us!

A commercial Lease extends for 9 years in France, and it is virtually impossible to prematurely end that Lease. Indeed, it is extremely difficult to refuse to extend such a Lease for as long as the Lessee wishes to continue business operations, for 100 years and more, if required by the Lessee!

Well, anyway, that’s the hairdresser who refuses to pay her business water rates bills! The Tresor Public insist that we must pay the hairdresser’s unpaid bills. That outstanding bill stood at just under €2,000 when we received our previous, forwarded post package in November 2011. However, the new unpaid bill stands at €3357:49, according to the facture we received in our brown package two days ago. There is a further water rates bill for €508:72, the 2012 water rates facture that the hairdresser will obviously not pay! The reality in France for us!

It appears that our house that can never be our home has one front door, but it has three addresses! Our address proper is one of only four properties in the village that is simply Place de l’Eglise, due to the connections between those four properties and Church grounds. There can be no commercial enterprises on the Church Square, aka Place de l’Eglise. So says the nice guy at the Cadastre.

Obviously, our sellers boxed clever several years before we arrived in France. The resident locataire, Monsieur C, has a different address to us, his address is Place de l’Eglise, Le Bourg. The hairdresser is right out of the frame where the Church rules are concerned, her address is simply Le Bourg, no mention of the Church Square.

As I say, we have one front door between all of us, even the nice guy at the Cadastre was rather bemused at our sellers’ manipulative stroke of genius!

 

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