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Category Archives: Prison

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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Water, Water, Everywhere!

With a regular income now under our belts, and our son was still managing to find a little low paid work for a few days each month, as a registered self-employed labourer in the Autoentrepreneur (AE) system, and despite the bite of the recession, we really believed our luck was turning. How foolish of us!

We received mail forwarded from Champagnac by Madame ZC, and we felt like burning the lot, as usual! The resident locataire, Monsieur C, had suffered a burst water-pipe towards the end of the winter. Naturally, he could not be expected to go without fresh, running water, washing and shower facilities, and his wc. So, not knowing how long it would take Madame ZC to contact us, Monsieur C had called an emergency plumber. The repairs were carried out, and Monsieur C had signed the devis (quotation) with Tom’s name! He then gave the devis to Madame ZC to forward to us for payment directly to the plumber, who was approximately 5 hours drive away from our location.

Was Monsieur C legally permitted to do all that? Apparently so, according to the staff at the Tresor Public when I telephoned the water rates section. The young clerk told me, authoritatively, that Monsieur C was responsible for paying his water bills, but we, the property owners, were responsible for paying for repairs to the water-pipes. I asked if Monsieur C was legally enabled to sign formal documents, ie the devis, using Tom’s name. There was a sigh and an audible Gallic Shrug, but no verbal response. I thought about that for a few seconds, then I let the clerk know what Tom and I would do. The clerk laughed – he sounded genuinely amused – then he said, “Madame, you will go to prison for harassment.” I laughed with him and told him that I would then, at least, have a warm bed off the ground. The clerk chuckled and wished me good luck, he sounded as though he meant that, too!

I located the letter, with other documents wrapped in a water-proof bag in the car boot, that Monsieur C had addressed to Tom and me two years before, and in which he had refused, point-blank, to have any repairs or restoration works carried out on any part of the property included in his Rental Contract. I photocopied the letter, and the devis, and I wrote a cover letter. I put the cover letter, copy of Monsieur C’s letter of refusal, and copy of the devis into an envelope, addressed it to Monsieur C, and I posted it to him by registered mail later that day. In the cover letter, I wrote, “This is a well-known saying, you can’t have your cake and eat it. We do hope you are now much more comfortable. Kind regards….” We have never heard any further about that burst water-pipe.

But, the Tresor Public enjoyed a lot of fun and games at the expense of our well-being throughout 2010, and that is ongoing.

The hairdresser, ie the young woman who is a non-resident, commercial locataire who operates from the residential, strictly non-commercial property, without a Lease or a Rental Contract, refuses to pay her water rates unless we sign a 9 years Lease Agreement for her to continue operating. Tom and I have just received an updated water facture from the Tresor Public, they insist that we must pay it, we refuse. The new facture stands at just under €1,900. We had never met that young woman until 4 months after we purchased the house that can never be our home.

 

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