The Cabinet AMS blog. Insights, news & guidance

Clear, practical content to understand your legal issues and make informed decisions with confidence.

Charges of the unoccupied premises of an operated residence

Charges of the unoccupied premises of an operated residence

By Séphora Amsellem on November 21, 2020

French Supreme Court ruled that the co-owners of unoccupied premises of an operated residence have to pay the charges in relation to the catering and hotel agreements provided under the co-ownership rules even though premises are not operated by the company that manages the catering and hotel services.
Selected French Leaseback Cases
VEFA statutory regulation

VEFA statutory regulation

By Séphora Amsellem on May 23, 2019

Most of the French leaseback schemes start with a two stages process contract: a contrat de réservation (preliminary contract) is signed before entering into the final vente en l’état futur d’achèvement (VEFA) contract.
Selected French Leaseback Cases
LMP Status: Mandatory Registration with the French Trade and Companies Register Held Unconstitutional

LMP Status: Mandatory Registration with the French Trade and Companies Register Held Unconstitutional

By Séphora Amsellem on February 8, 2019

The French Constitutional Court ruled that the requirement of the registration of Loueur Meublé Professionnel (professional lessor of furnished property) with the French Trade and Company Registrar is unconstitutional.
Selected French Leaseback Cases
Competition Is Not Enough: No Rent Revision Without Material Change in Market Conditions

Competition Is Not Enough: No Rent Revision Without Material Change in Market Conditions

By Séphora Amsellem on October 25, 2018

Knowing that the rents are typically overestimated, the operators of residences of tourism are willing to make the rent judicially set at their rental value before the term of the leases.
Selected French Leaseback cases
Tourist Residences: TV Licence Fee Must Be Borne by the Operator

Tourist Residences: TV Licence Fee Must Be Borne by the Operator

By Séphora Amsellem on June 6, 2018

The French Council of State (Supreme court for administrative justice) ruled that the operator of a tourist residence shall bear the television licence fee.
Selected French Leaseback Cases
The liability of the real estate agency

The liability of the real estate agency

By Séphora Amsellem on February 8, 2018

In this case, the Supreme Court ruled that the real estate agency specialised in real estate investments breached its obligation to provide the relevant information and advices to the purchasers of a property brought through a VEFA contract (vente en l’état futur d’achèvement) and operated in a tourist residence.
Selected French Leaseback cases