12. French Property Condition Report - L’etat des Lieux

Whether you are landlord or tenant it is most important that at the start of the tenancy a report is prepared which describes the property and its condition.

It forms the basis for assessing any repairing obligations of the tenant, or charges against the deposit at the end of the tenancy.

The report should be attached to, and form part of, the tenancy agreement.

It should be carried out before the tenant puts their belongings in the property and repeated on termination when all furniture and belongings have been removed.

If the tenancy is furnished then a full inventory of the contents of the property should be taken.

The condition report that is undertaken at the start of the tenancy, should not be confused with the obligatory survey reports that are also required, which we considered earlier.

1. 12.1. Who Prepares the Report?
2. 12.2. End of Tenancy

12.1. Who Prepares the Report?

The landlord and the tenant together can prepare a report, which is valid provided it is signed and dated by both parties. There are pre-printed forms available from good bookshops.

It is also important to take photographs and for each party to sign and date the photos with the words ‘Bon pour accord’.

Nevertheless, one of the problems of this approach is that there may be disagreement at the start or, more often, at the end of the tenancy, about the condition of the property.

A huissier is a quaisi-governmental official whose nearest professional equivalent in the UK would be a bailiff.

Normally the use of a huissier is decided jointly by the landlord and the tenant, and the costs are shared between them.

The main advantage of this approach is that it is the most effective way of dealing with any difference of opinion between the landlord and the tenant as, in any dispute, the word of the huissier is effectively the law.

Most of the tariffs of a huissier are determined by law, and the cost of preparing an etat de lieux would be €200-€300.

If one of the parties refuses an etat des lieux then the other party can serve notice that they wish a report to be carried out.

If there is still no agreement then they have the right to call upon the huissier to undertake the report, when the cost would then be shared.

Whilst use of huissier is highly recommended there are clearly limitations on any survey, notably for those parts of the property whose condition cannot be clearly established, e.g. boiler, drains,

The tenant may ask for a condition report on the heating system to be carried out within a month of occupation, in order that the system can be tested properly.

Similarly, if there are matters that come to the notice of the tenant within a few days of moving into the property, then these should be reported to the landlord by a letter sent recorded delivery.

If the landlord refuses to agree to a condition report they will need to prove that any end of tenancy repairs they seek to impose on the tenant were actually caused by act or neglect of the tenant

If the tenant refuses to agree to a condition report then they are presumed to have received the property in good condition.

If both are equally negligent in not preparing a report then the property is assumed to have been let in good condition.