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-   -   Rent Increase, Sous Location taking over the contract (https://www.englishforum.ch/housing-general/299459-rent-increase-sous-location-taking-over-contract.html)

Marcq 04.08.2020 18:11

Rent Increase, Sous Location taking over the contract
 
Hello everybody,
Long time lurker, first time posted
I have searched for my problem to no avail, my apologies if I missed it!
We arrived in Lausanne in January, and took a sous location contract in 1006. Now the original tenants want to hand the flat to us, as they want something larger when they return to Switzerland. They handed in the reprise du bail last week, and today the Regie came to check the flat condition. Now they have called and said that the new rental price is 2190, the contract the tenant has, and what we are currently paying is 1590 for 2.5 pieces. A near 40% increase. With this, they will do a little painting they said. Now this is clearly quite ridiculous, but I wonder what are our rights? And chances? Shall we accept this contract, and then contest is within the 30 days? Or perhaps now with this 40% our dossier may not be sufficient! I am sadly a PhD student still studying in the UK, whilst my girlfriend is a post doc at EPFL! Thankyou in advance for your help and/or opinions!

roegner 04.08.2020 18:29

Re: Rent Increase, Sous Location taking over the contract
 
What do you want to contest? If the current tenants pay that amount, you can take over the lease for that amount. Nothing illegal as they do not ask for an ncrease of the rent.

Whatever was agreed between you and the current tenant has nothing to do with the original lease.

bowlie 04.08.2020 18:34

Re: Rent Increase, Sous Location taking over the contract
 
You should check out the renters’ association ASLOCA.

st2lemans 04.08.2020 18:56

Re: Rent Increase, Sous Location taking over the contract
 
Quote:

Originally Posted by roegner (Post 3203925)
What do you want to contest? If the current tenants pay that amount, you can take over the lease for that amount. Nothing illegal as they do not ask for an ncrease of the rent.

Umm, re-read the OP, 2190 is an increase of CHF 600!

Tom

roegner 04.08.2020 19:01

Re: Rent Increase, Sous Location taking over the contract
 
Quote:

Originally Posted by st2lemans (Post 3203936)
Umm, re-read the OP, 2190 is an increase of CHF 600!

Tom

Yes, but he wrote that that is the amount the current tenants (from whom they rent) pay so no increase for the flat itself. Probably the current tenants rented it out at a lower price?

st2lemans 04.08.2020 19:02

Re: Rent Increase, Sous Location taking over the contract
 
Quote:

Originally Posted by roegner (Post 3203938)
Yes, but he wrote that that is the amount the current tenants (from whom they rent) pay so no increase for the flat itself. Probably the current tenants rented it out at a lower price?

No, he wrote "the contract the tenant has, and what we are currently paying is 1590".

Tom

Marcq 04.08.2020 19:03

Re: Rent Increase, Sous Location taking over the contract
 
Quote:

Originally Posted by roegner (Post 3203938)
Yes, but he wrote that that is the amount the current tenants (from whom they rent) pay so no increase for the flat itself. Probably the current tenants rented it out at a lower price?

Sorry if a wasn't clear. Current tenants charge what they pay, 1590. Regie have offered it to us for 2190. 600chf increase. And thanks I will check out ASLOCA

roegner 04.08.2020 19:04

Re: Rent Increase, Sous Location taking over the contract
 
Quote:

Originally Posted by st2lemans (Post 3203939)
No, he wrote "the contract the tenant has, and what we are currently paying is 1590".

Tom

OK, then I misunderstood that.

Marcq 04.08.2020 21:14

Re: Rent Increase, Sous Location taking over the contract
 
Any ideas? Further, I was wondering what sort of notice period they are required to give? Cheers

st2lemans 04.08.2020 21:33

Re: Rent Increase, Sous Location taking over the contract
 
Quote:

Originally Posted by Marcq (Post 3203983)
I was wondering what sort of notice period they are required to give?

Whatever is in the contract.

Tom

curley 04.08.2020 23:02

Re: Rent Increase, Sous Location taking over the contract
 
Quote:

Originally Posted by roegner (Post 3203941)
OK, then I misunderstood that.

So did I. It was all the commas that made it confusing.

Quote:

Originally Posted by Marcq (Post 3203983)
Any ideas? Further, I was wondering what sort of notice period they are required to give? Cheers

As you are subleasers, you must be out when the real leasers are supposed to be out. The landlord has no contract with you.

I don't think you can contest the new rent either as the landlord is not obliged to offer you the flat/accept you as a tenant. Again, they have no contract with you.

You can always try of course.

kri 04.08.2020 23:05

Re: Rent Increase, Sous Location taking over the contract
 
For the regie you are a new tenant, so indeed you can contest within the 30 days. How successful that will be will depend on a few factors.

How long where the old tenants there for?

K

Marcq 05.08.2020 09:32

Re: Rent Increase, Sous Location taking over the contract
 
Thanks for all your help.
I suppose the contract we had with the original leasers (the sous location contract) is still valid until it's end date? Or is that superseded by the cancellation?
The current leasers were there for five years or so

ne6ef 05.08.2020 09:54

Re: Rent Increase, Sous Location taking over the contract
 
As Kri mentioned, it is your right to contest the rent within 30 days as of the official date when the keys were handed.

As a new tenant you can also challenge the initial rent even if the rent has not been increased compared to that paid by the old tenant or even been lowered.

In your case the rent has been significantly increased compared to the rent paid by the former tenant. According to the Federal Supreme Court, a significant increase is at least 10%.

Here is a relevant article from ASLOCA's website.

Hope it helps! Good luck.

kri 05.08.2020 14:48

Re: Rent Increase, Sous Location taking over the contract
 
Quote:

Originally Posted by Marcq (Post 3204062)
Thanks for all your help.
I suppose the contract we had with the original leasers (the sous location contract) is still valid until it's end date? Or is that superseded by the cancellation?
The current leasers were there for five years or so

Typically the sublet will have its own clauses but also always refer to the master lease (of which you should have been given a copy).

If the lessee has not given you proper notice with regards to the notice period in your sublet contract than you can contest that.

K

Marcq 05.08.2020 18:08

Re: Rent Increase, Sous Location taking over the contract
 
Thanks
Will contest it (considering using ASCOSA), if they do accept our dossier, wish us luck! Will update here if anything. I read the same that anything over 10% is excessive!

st2lemans 05.08.2020 21:50

Re: Rent Increase, Sous Location taking over the contract
 
Quote:

Originally Posted by Marcq (Post 3204265)
Will contest it (considering using ASCOSA), if they do accept our dossier, wish us luck!

And they also can choose not to rent it to you.

Tom

kri 06.08.2020 00:15

Re: Rent Increase, Sous Location taking over the contract
 
Quote:

Originally Posted by st2lemans (Post 3204294)
And they also can choose not to rent it to you.

Tom

The rent needs to be contested after contract is signed..The Regie cannot decided to withdraw contract at this point.

Marcq 06.08.2020 14:46

Re: Rent Increase, Sous Location taking over the contract
 
Yes I'm not about that. It gets a little complicated I think. If the Regie rejects our dossier, then does that invalidate the resilation document? As that only seems valid if the Regie accepts our dossier....
If not, then perhaps it defaults to the 3 month notice period

Marcq 06.08.2020 22:03

Re: Rent Increase, Sous Location taking over the contract
 
Quick update, they have rejected our dossier for the new contract. Won't say why. Really not quite sure where to go from here, England? Any ideas?


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