14. Landlord Repairing Obligations

1. 14.1 Condition Standards
2. 14.2 Space Standards
3. 14.3 Major Works
4. 14.4 Disputes

14.1. Condition Standards

In order to meet the minimum standards of occupation, the law states that the property must be ‘decent’ at the time of letting, and remain so during the course of the tenancy.

Unfortunately, the condition standards are not set out in a particularly detailed manner, and there is also poor enforcement of the standards.

In order to be ‘decent’ the property should not present any risk to the physical security or health of the occupants, and should be sufficiently provided with services and facilities that enable normal occupation.

In specific terms the law lays down the following standards:

• Structure of the property prevents ingress of water;
• Floors, staircases and balconies are in good condition;
• Safe supply of electricity and gas;
• Adequate electricity supply for lighting to all rooms;
• Ceilings in good state of repair to prevent falling material,
• Adequate ventilation;
• A permanent and safe means of heating is available;
• Adequate supply and pressurisation of cold water;
• Adequate means for evacuation of waste water;
• No risk from lead poisoning or asbestos;
• Kitchen with provision to install a cooking facility, and a sink with hot and cold water supply;
• Internal toilet which is separate from the kitchen, and shower or bath which allows washing in private with hot and cold water and evacuation;
• Where a letting consists of only one room then there is only a minimum requirement for a toilet (which may be external!) and a shower or bath is not obligatory if there is a kitchen sink!

Clearly, there is plenty of scope for interpretation in all of this and, at the end of the day, only a court of law could determine finally whether the standards were being met.

If there is any doubt a landlord can also request a certificate d’habitabilité from an architect, which would confirm that the property met the required standards.

14.2. Space Standards

There are minimum space standards that apply depending on the number of people who occupy the property.

It would be surprising if, as a responsible landlord, you were not able to meet these minimum standards.

In a property for a single person there must be a minimum surface area of 9m² and ceiling height 2.20m², or total volume of 20m², with minimum ceiling height of 1.80m.

The surface area increases to 16m² for two persons and 9m² for each additional person.

14.3. Major Works

The tenant is required to grant the landlord access to carry out any necessary repairs or works to bring the property into a proper state of repair.

No such automatic right exists where the norms are already met, and the landlord merely wishes to undertake improvement works.

Where the major works last for more than 40 days, then the tenant is entitled to a reduction in the rent.

If the works are so substantial that they render the property unfit for habitation, then the landlord is required to find suitable alternative temporary, or permanent, accommodation for the tenant.

14.4. Disputes

If the landlord fails to carry out their repairing or other obligations then, in the first instance, the tenant has recourse to the Commission Départementale de Conciliation (CDC) at the préfecture.

Some tenants do so, and sometimes they get away with it in the courts. However, as a general rule, the courts expect a tenant to bring the case before them, without taking unilateral action to withhold the rent.

The tenant may make application for the rental payments be paid into a blocked bank deposit account, pending resolution of the problem but, again, the courts normally prefer to order execution of the works by the landlord.

Where the tenant has exhausted all means of amicable resolution then they can proceed to a Tribunal d’instance for resolution of the problem.

The tenant is also entitled to carry out urgent works of repair to bring the property up to a habitable standard.

However, before they do so, they are obliged to set out to the landlord details of condition, the proposed works, together with the estimated cost.

The landlord has two months to respond, either by advising that they will undertake the works, or by making application to a Tribunal d’instance of their opposition to the planned works.

If the tenant does undertake the works, they have the right to demand reimbursement at the end of the tenancy.

The level of reimbursement will be that as set out on the invoice(s), less an allowance of 6% for each year of occupation subsequent to completion of the works.

In relation to day-to-day repair works that are the responsibility of the landlord then, either prior agreement with landlord, or authorisation by a Tribunal d’instance is required. If the court does grant consent, the cost of works can be deducted from the rent due.

The general rule that the tenant cannot withhold the rent does not apply in the highly exceptional circumstances where the mairie, in collaboration with the préfecture, determine that the dwelling is insalubrious and a danger to the health of its occupants.

In these circumstances the landlord can be obliged by the local authority to rehouse the occupants and undertake remedial work to the property.

In default, the public authorities can undertake the work and recharge the landlord.