Hoped by tenants and feared by donors, rent regulation, which will start on 1 August in Paris, could initially generate inflation litigation and clog the instance supposed to settle.
“Frame by law the amount of rent” in “the first rental or relocation in areas where prices are excessive” , was number 22 election commitment of Francois Hollande.
Established “experimental” and limited to inner Paris where rents jumped by 42% in ten years it should ultimately benefit a new tenant in five, according to the calculations of the Observatory of rents in the Paris area (the Olap).
A reduction in rent of 50 to 100 euros
He believes that the framework will result in a reduction in rent of up to 50 euros for a third of them from 50 to 100 euros for another third, and greater than 100 euros the remaining third.
In the last third, 10% of the most expensive rents fall by more than 240 euros, according to estimates from the OLAP. Alur established by Act of 24 March 2014, the device provides that the signing of a new lease or upon renewal, the rent for a unit can not exceed 20% of a reference to the rent set by m2 prefectural neither he be less than 30%.
This order will be taken by the Prefect of the Ile-de-France before the end of June, are we informed the Ministry of Housing.
To fix the basic rent (online www.ile-de-france.gouv.fr), the prefect considers four elements: the type of rental (furnished or bare), the number of parts, the time of construction and geographical area. The OLAP has divided the capital into 14 sectors at levels consistent rents, available on www.observatoire-des-loyers.fr.
Specific conditions
But some will rent exceeding the rent plus (the basic rent + 20%) by including a “additional rent” when “The location of a dwelling characteristics” warrant, said a decree published Friday, of which AFP has learned.
These characteristics must meet several conditions.
They must be “decisive for fixing the rent, especially in comparison to the same category of housing located in the same geographical area “.
It may be for example a terrace, rare view or garden, provided in the housing area are lacking.
This definition is rather vague and subject to interpretation of the “additional rent” reflects the difficulty for the government, in drafting the decree: last year the Constitutional Council had retoqué formulation included in the draft law Alur, evoking the characteristics “exceptional” accommodation
In addition, the features used to justify additional rent should not have been taken into account in determining the rent reference, expenses, or contributing to the sharing of energy savings for the work made by the lessor.
To claim additional rent, landlords must gather sufficient comparative data, which does not look obvious.
Avoid disputes
In case of disagreement between the tenant and his landlord, the Conciliation Commission shall be entered. If his decision was challenged by one party, it is for the tribunal to decide.
“At first people will interpret it as they want, it will provide litigation n ‘ endless “ said an industry expert.
The departmental Conciliation Commission that already meets almost daily to Paris, could be quickly clogged, especially as it n ‘ has been reinforced its capacity.
In addition, the summer complicate obtaining information from leave administrations. Individuals will be informed however by the Departmental Agency for Information on Housing (Adil)
After Paris, Lille could be the second city to regulate rents because his observatory was approved. – In Despite the appeal, rejected three organizations of real estate professionals (Fnaim, USA, UNPI).
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