Written by Jérémy LOUIS / NEW DEAL IMMOBILIER real estate network
To bring peace and avoid situations of conflict between the lessor and the retailer, the so-called Pinel law of 18 June 2014 strengthens transparency, mediation and the supervision of disputed clauses.
Firstly, the reform requires all commercial leases to include a precise and limited list of "charges, taxes and fees relating to the lease". A decree of the Council of State must specify "those charges which, because of their nature, cannot be charged to the tenant".
To further enhance transparency, at the end of each three-year period, the lessor will also have to send the lessee a budget forecasting the work to be carried out up to the next three-year period, as well as an exhaustive list of the work carried out over the previous three years.
There are no penalties for failing to submit an inventory.
In order to settle certain disputes at an early stage, the Pinel Act requires an inventory of fixtures to be drawn up when you take possession of the premises and when you vacate them. The same applies in the event of a transfer of leasehold rights or business assets. This obligation applies not only when a commercial lease is signed, but also in the event of a transfer of the leasehold rights, or a transfer of the business free of charge. The inventory of fixtures must be drawn up jointly and amicably by the lessor and the lessee, or by a third party appointed by them.
If there is no inventory of fixtures, the lessor will not be able to benefit from the provisions of article 1731 of the Civil Code, which provides for a presumption that the premises are deemed to have been handed over to the lessee in a good state of repair.
In addition, in order to pacify relations between lessors and traders during the lease, the law of 18 June 2014 broadens the remit of the departmental conciliation commission. Initially competent in disputes relating to the setting of rents for a renewed lease, the commission can now intervene in disputes relating to the review of rents during the lease, charges and works.
Finally, a major change in commercial leases is the abolition of the penalty of nullity for irregular clauses under articles L. 145-15 and 145-16 of the Commercial Code. These clauses will now be deemed to be unwritten in order to prevent the lessee from being challenged on the grounds that his action against the disputed clause is time-barred. The two-year limitation period will no longer apply to clauses in contracts that deny the right to renew a lease, or to clauses that prohibit a retailer from transferring his lease to the buyer of his business.
New Deal Immobilier, a network of estate agents, can help you from thefree property valuation to the sale of your property.
J. LOUIS, qualified notary