18. Termination of the Tenancy

1. 18.1 Termination by the Landlord
2. 18.2 Termination by the Tenant

There are specific procedures for termination of the tenancy (le congé) by both the landlord and tenant that must be respected in order for them to have the force of law.

This applies particularly in the case of the landlord notice of termination, where it is imperative that the notice is correctly drafted and sent out at the right time, or you risk that it may be declared invalid by a court of law, in which case the tenancy would be automatically renewed!

18.1. Landlord Termination

The landlord is unable to terminate the tenancy before the expiry of the term, (although recovery of possession of the property on grounds of breach of the tenancy agreement is dealt with in the section on Legal Proceedings ).

The minimum notice period that must be given by a landlord depends on whether it is a furnished or unfurnished letting.

This notice period starts either six or three months prior to the expiry date of the tenancy, depending on type of letting. If you miss the window to give notice, the tenancy is automatically renewed.

The notice must be sent by recorded delivery or delivered by a huissier, and must state the reasons why the landlord wishes to recover possession.

There are only three grounds at the end of the term of the tenancy on which the landlord can recover the property, failing which the tenancy automatically renews itself, provided the tenant wishes to remain in the property.

In the case of an unfurnished letting, renewal is for a further three years, (six years in the case of letting by a property company) or for a further year in the case of a furnished letting.

The three grounds for termination of the tenancy are:

1. i. Landlord Occupation
2. ii. Sale of Property
3. iii. Breach of Tenancy Conditions

i. Landlord Occupation

A landlord can terminate a tenancy to provide accommodation for themselves and/or a close relative.

A ‘close relative’ of the landlord is their spouse, partner, parents or children, or the parents and children of their spouse or partner.

If the landlord is a property company (SCI) then only those family members who are shareholders of the company are considered eligible. So an SCI cannot give notice on the basis of providing accommodation for a relative who is not also a shareholder of the company.

The details of the prospective occupant must be stated in the notice of termination.

ii. Sale of Property

The landlord can also terminate the tenancy at the end of the term in order to sell the property with vacant possession.

The right of first refusal is at the price sought by the landlord although, if the tenant can prove that the price is blatantly excessive, the notice of termination could be nullified.

The landlord is obliged to advise the tenant of the price and conditions of sale and there are procedures to which the landlord must adhere. You would need to take advice from the local huissier.

The tenant has two months to accept and proceed with the sale. This period is increased to four months if the purchase is being funded with a mortgage.

If the tenant does not take up the offer, but the landlord accepts another offer at a lower price than that offered to the tenant, then the tenant must once again be given the first right of refusal on the new terms.

The offer must be made available for one month with a further two months (or four in case of mortgage) to complete the transaction.

No right of pre-emption for the tenant exists where the purchaser is a close relative of the landlord.

In the event that the tenant does not vacate the property at the end of the term, then the landlord may well be obliged to commence legal proceedings for possession.

Clearly, these may take some time to complete and during this period it is unlikely that any sale of the property could proceed (let alone occupation by a family member(s).

Where the tenant is more than 70 years old and on a low income then the landlord must provide suitable alternative accommodation.

The rule does not apply where the landlord themselves is over 60 years old, and of modest means (less than 1.5 times the minimum wage).

Neither does it apply if the landlord is selling the property to a close relative.

iii. Breach of Tenancy Condition

If the tenant has not complied with the tenancy conditions then the landlord can refuse to renew the tenancy at the expiry of the term, and give due notice of termination.

If this is to occur it may well be contested by the tenant, and the landlord may need to take legal possession proceedings. In this case, it is important all matters are fully documented and that the advice of a huissier is taken.

18.2. Tenant Termination

The tenant may terminate the tenancy at any time and, for any reason, and the minimum notice period will depend on the type of tenancy:

The period of three months notice may be reduced to two months in the following circumstances:

• Serious illness of tenant of at least 60 years of age justifying change of accommodation;
• If the tenant loses their job, obtains their first job or if they are transferred elsewhere by their employer;
• If the tenant is in receipt of social security supplementary benefits (RMI).

The notice period cannot be reduced if the tenant either resigns or retires from employment or merely changes their job.

Notice should be given by record delivery letter or by a huissier.

The rent continues to be payable during the period of the notice.

Once the tenant has given notice in the proper manner, then they cannot later change their mind - it is irreversable.

Needless to say there is nothing to stop landlord and tenant coming to their own agreement about the length of the notice period.

A vacating tenant is obliged to grant a landlord reasonable access to the property for visiting by prospective new tenants or purchasers.