Question 15916 — leases

Summary

Ms. Gisèle Lelouis draws the attention of the Minister of Territorial Planning and Decentralization to the cumbersomeness and ineffectiveness of the protection mechanism supposed to guarantee the rights of landlord owners whose property, located in co-ownership, is affected by the ban on renting resulting from law no. 2021-1104 of August 22, 2021. In the third constituency of Bouches-du-Rhône, many owners in good faith are come up against the refusal of general assemblies (GA) to vote on energy renovation work on common areas (exterior insulation, collective heating), essential to remove their private lots from classes F or G. If decree no. 2023-796 of August 18, 2023 has indeed introduced an exemption allowing the judge not to order the carrying out of work or pronounce sanctions if the co-owner demonstrates that the AG has done so opposed, this system actually turns out to be an unfair obstacle course. In fact, it forces the small landlord to engage in an uncertain, long and costly legal procedure to have their inability to act recognized. Furthermore, as the accommodation retains its degraded DPE rating, it remains de facto excluded from the traditional rental market and exposes the tenant to the potential loss of their housing assistance. (APL). Faced with this legal insecurity which discourages landlords and dries up rental supply already in crisis, she asks him if the Government intends to replace this purely judicial exemption with an automatic administrative mechanism. She asks him specifically if an immediate and automatic suspension of sanctions linked to energy indecency can be established upon simple presentation of the minutes of the meeting. general recording the refusal of the work by the co-owners' association, without the lessor having to wait for a referral to the court.

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