UKC

Contract advice please...

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 alexm198 17 Mar 2015

Hi,

I've been trying to find a place to rent in Chamonix for the summer season and seem to have finally found somewhere. However, the place in question was advertised over a Facebook group, and the let would be arranged privately (i.e. not through an agency).

The landlord would like a month's rent as a security deposit (which is fair enough), though I am, understandably, a bit reluctant to transfer the deposit without any sort of binding contract which guarantees I will get the apartment.

I explained this to him, and he was very understanding about it, and has written me up a contract. The contract in question, however, makes explicit reference to the Housing Act, Government Deposit Schemes and other such UK laws. Will this be equally valid given that the property is in France?

Additionally, if I sign the contract online and email my signed copy back to him, is this legally binding or do I need to create a hard copy?

I imagine I'm greatly overthinking the situation, but thought I'd tap into the UKC hive mind anyway... Any advice greatly appreciated!
Post edited at 12:16
 tom84 17 Mar 2015
In reply to alexm198:

contact a local solicitor in chamonix?
 ByEek 17 Mar 2015
In reply to alexm198:
Sounds like he has downloaded it from a UK site on the net. The contract doesn't have to be particularly complicated. Just that you pay a deposit and regular rent and in return you get somewhere to live. At the end of the term, you get back your deposit providing all is in order. One of my first rental agreements was a side of A4.
Post edited at 13:11
 Bob Hughes 17 Mar 2015
In reply to alexm198:

Not sure how relevant this is but it is possible to define in a contract the jurisdiction under which a contract should be governed in the case of disputes. My company does this in our customer & supplier contracts all the time and, indeed it sometimes causes a bit of to-ing and fro-ing over whose jurisdiction will be used.

I think you will need the hard copy. You can email him a scanned copy of your signature for his peace of mind while the hard copy is in the post but standard practice is to work with 2 copies with original signatures.
 wercat 17 Mar 2015
In reply to Bob Hughes:

I'm not quite sure how this would work with property/landlord and tenant situated abroad as there are also safety and welfare issues to do with this area of law which can take it beyond contract into the criminal liability area. You may be right but I'd be inclined to take advice.
 daWalt 18 Mar 2015
In reply to Bob Hughes:

Your right, you can specify the country under which the contract is governed. (England/Scotland being the common example). but this doesn't alter statute law.
i.e. The Housing Act (any associated statutory instruments, etc.) is law, to everyone, at all times, as it applies, irrespective of their nationality, registered business address, and/or what's in a contract; you can't contract someone to break the law.

If there are such laws/regulations (or similar) in France, and it's a dead cert there will be, then these will apply irrespective of what's on a piece of paper you have signed.

what the OP's described sounds (at best) amateurish and decidedly dodgy.

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