13. Repairing Obligations on a Rental Property

1. Landlord Obligations

The landlord has an obligation to provide accommodation that is ‘decent’. The minimal standards laid down by the law are only stated in general terms and enforcement of conditions is weak.

If a pool is provided, then the landlord is required to ensure a means of security is installed, which may be either a barrier, alarm system or cover. The system must comply with French pool security standards.

Although the tenant is required to grant the landlord access to fulfil their repairing obligations, this does not include the right of access for improvement works.

Indeed, other than the right of access to carry out repairs and collect the rent, the landlord can only enter the property with the consent of the tenant.

2. Tenant Obligations

The obligations of the tenant in relation to repairs are very limited.

In practice, nothing other than the very routine repair maintenance of the property, eg keeping the garden tidy, clearing gutters, lubricating mechanisms.

Tenants are also responsible for ensuring chimneys are swept at least once a year, and a failure to do so could invalidate the house insurance policy.

Clearly, the tenant is also responsible for damage or neglect caused by them.

Other than the very limited repairing obligations the tenant must also comply with such other conditions as are set out in the tenancy agreement, provided of course these conditions do not conflict with the law.

The tenant is not entitled to carry out structural or other major works to the property without the express consent of the landlord.

The same rule applies in relation to the sub-letting of the property.

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