Issue with date of exit survey

WSP · #1 21-06-2012 18:18:03

I have signed a 9 year contract with two youngsters about 10 montsh ago.
WE had several issues with them. In April, I gave 6 months notice that I need the apartment for our own occupation.

# The template I used for signing the 9 year contract was taken from PIM website and the form is “contrat de bail de résidence principale pour un immeuble sis dans la Région de Bruxelles-Capitale” <https://www.pim.be/telechargement/bail_principal_v2009_bruxelles.pdf> :

# We did the entry survey ourselves, landlord and tenants

# We did not refer to any expert for the entry or exit survey in the contract.

# They gave a return lease termination end of May confirming the last date of stay is 30 June

# I approached them 7th June proposing a date for exit survey for 23rd June or 7th or 8th July (making it clear I am out the country during the time they leave)

# today they have responded with following letter

Landlord,
L'état des lieux se faisant dès la sortie des lieux, il est impératif de l'effectuer le week-end du samedi 30 juin 2012.
Pourriez-vous nous préciser à quelle(s) heure(s) cela vous arrange-t-il de procéder à l'état des lieux durant ce week-end précité car nous ferons appel à un expert et nous devons pouvoir convenir au préalable d'un rendez-vous avec lui.
Cordialement,
Tenant 1 and Tenant 2

I cannot be present on 30th June. Even if I drop my trip and stay back, I don't think we will be able to sign exit survey on 30th as I know these people.(they took 60 days to sign entry survey)

[color=#E00000]I do not want them to bring an expert themselves and do the exit survey, especially, during my absence. [/couleur]

I intend to send the following letter

Referring to my registered letter dated 7th June, I have made it clear that I am out of the country from 24th June, returning back
on 7th July. I also proposed three dates in that letter stating I am available on 23rd June or 7th or 8th July 2012 to complete exit survey.
The plane ticket was booked three month in advance. You gave me termination notice one month ago, on 29/5/2012
Today, the 21st June, by an email, you state that you want to do this exit survey on the 30th, as per law.As said before, I am NOT in the country during then and we cannot do the exit survey without me.
My new proposal is, I am willing to be present any day between July 9th and July 13th to complete the exit survey.
Please confirm your date and time on these dates so that I can organize an expert myself. Since we have not agreed for an external expert with our contract, I will bear the cost for the expert I bring.You will be bearing the cost for teh expert you are bringing.
You have not agreed to my first proposal for June 23rd, July7th or 8th. If you don't agree the second proposal for any day between July 9th and July 13th, I will approach the Peace judge to intervene and resolve this.
I am used to your delaying tactics in responding to the letters, invitations or paying rent or charges in time. I have to wait 60 days to sign the entry survey on 14th October(, although the contract was signed on 13th August.
I also have sufficient proof to show to the judge that:
* I couldn't enter the apartment for a visit myself in three weeks of to see what kind of renovation we need to do and plan accordingly for our occupation once you leave
* You did not respond to my two letters requesting for electrician intervention in your apartment to comply with electricity safety standards
* You did not respond to my requests for an plumber's entry to upgrade your water heaters in your apartment
* I was unable to meet you for more than 6 months from September 2011 to April 2012 to discuss some internal issues about the apartment and harmonious living
* Proof that I am out the country from 24th June to 7th July, planned/booked three months ago

Until the time the exit survey could be conducted, I will NOT enter the apartment. I will also seek compensation for the period you want to delay the exit survey, also highlighting the health and psychological hazards you brought to me and my family with all medical records attested by specialists and doctors.

The questions now are,

(1) is my response above legally right? Can I propose another date for exit survey since I am unavailable?
(2) In case if they bring their own expert and I bring my own expert
-(a) I assume everybody pays the expert they bring on thier own?
-(b) Is it legal to have to experts, one from each side?
(3) Any ideas if experts work on a weekend? If yes, will they charge double?
(4) What is the normal cost for exit survey for a small two bedroom apartment?
(5) Could you recommend any experts who can do exit survey on a weekday or a weekend around Woluwe-Saint-Pierre?

panchito · #2 22-06-2012 07:11:57

If you did sign a PIM contract, then you and your tenants do have the legal obligation to perform the exit house survey at latest the last day of termination period.

Personnaly, I don't know any expert who agrees to work on saturdays or sundays.
The best is to ask somebody you trust to represent you in your absence.

You will need to write a "procuration" with the mention "bon pour pouvoirs".

grmff · #3 22-06-2012 07:28:30

Hello
I would not include following part in your letter:

I am used to your delaying tactics in responding to the letters, invitations or paying rent or charges in time. I have to wait 60 days to sign the entry survey on 14th October(, although the contract was signed on 13th August.
I also have sufficient proof to show to the judge that:
* I couldn't enter the apartment for a visit myself in three weeks of to see what kind of renovation we need to do and plan accordingly for our occupation once you leave
* You did not respond to my two letters requesting for electrician intervention in your apartment to comply with electricity safety standards
* You did not respond to my requests for an plumber's entry to upgrade your water heaters in your apartment
* I was unable to meet you for more than 6 months from September 2011 to April 2012 to discuss some internal issues about the apartment and harmonious living
* Proof that I am out the country from 24th June to 7th July, planned/booked three months ago

It's no use and could be used against you. Too long to explain why.

(1) is my response above legally right? Can I propose another date for exit survey since I am unavailable?

Yes. Ans same for the experts. TIf they had to work only on 1st day of the month for entry and last day of the month for exit, price would be much higher.

(2) In case if they bring their own expert and I bring my own expert
-(a) I assume everybody pays the expert they bring on thier own?

Depends on the contract. But otherwise stated, each pays his own adviser. Except if you both give him mandate to do the job.

-(b) Is it legal to have to experts, one from each side?

It is your right to have an adviser at your side. Or to delegate the job the the person of your choice at your expenses.

(3) Any ideas if experts work on a weekend? If yes, will they charge double?

No ideas.

(4) What is the normal cost for exit survey for a small two bedroom apartment?

No ideas. I do them myself.

(5) Could you recommend any experts who can do exit survey on a weekday or a weekend around Woluwe-Saint-Pierre?

Nope...

Good luck to you.

WSP · #4 22-06-2012 11:33:22

Thanks to you both wonderful Folks,

Looks like apparently I need to get rid of this pain by paying +200 euros.
Couldn't find experts in July when I am back. Again don't dates proposed will suit our tenants.

I am looking forward to getting an expert on the last day of month-end, despite my absence, else I may have to wait until our busy tenant is free again, god knows when.

I will use a "procuration" with the mention "bon pour pouvoirs".

panchito · #5 22-06-2012 11:49:37

And the 200€ you have mentionned are probably without VAT...

But this is indeed the price for the exit survey of an apartment in WSP (Initial house surveys are much more expensive because they have to write down the whole detailled report)

The expert will also ask you to provide a copy of the initial house inspection report you have written yourselve.

NB: I hope you have done it in one of the 2 official and legal languages that can be used in the region of Brussels-Capital (French or Dutch).

WSP · #6 22-06-2012 14:05:24

One expert quoted 85 euro (with/without VAT?) per hour
Entry survey was done in French, and I took teh help of those kids who occupy the place.

I am a moron smile

Apart from entry survey, I have some photos in CD which is annex to entry survey

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