Does the landlord freely choose the tenant in the event of an Anah agreement?

Verified 30 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

No, the owner's choice is not entirely free. The tenant must meet several criteria. Certain criteria vary depending on the agreement signed with theAnah: titleContent. Indeed, the convention may be to intermediate rent (loc 1), social rent (loc 2), or very social rent (loc 3).

You must choose a tenant who will make housing sa principal residence.

But this tenant must not be one of the following :

  • A person who is related to you for tax purposes
  • One of your ascendants or one of your descendants
  • A person already occupying the dwelling, except where the agreement is concluded with the Anah on the occasion of the renewal of the lease

FYI  

If the agreement is concluded between a civil real estate business and Anah, the tenant must not be one of the partners, nor a person related to him for tax purposes, nor one of his ascendants or descendants. It is on this condition that tax reduction Loc'Advantages may apply.

The tenant must have an income below a maximum amount (ceiling).

This ceiling varies according to the level of rent set by the Anah Convention.

There are 3 levels of rent, ranging from the highest to the lowest:

  • Intermediate rent (or loc1)
  • Social rent (or loc2).
  • Very social rent (or loc3).

FYI  

The lower the rent level of the agreement, the lower the revenue cap of the tenant, and the more income tax reduction which is granted to you is high. This tax reduction may be increased in the event of recourse to leasehold intermediation.

To find out the income limits applicable in the housing municipality, you can use the Anah simulator:

Loc'Benefits: simulate rent cap and tenant resources (and your tax benefits)

In the case of social rent agreements (block 3) or very social rent (block 2), the tenant can obtain theAPL: titleContent, if he meets the conditions. In order for the tenant to apply for an APL, you must complete Form Cerfa No. 10842 (Rent Certificate) and hand it over to the tenant. You must also provide the Caf: titleContent (or the MSA: titleContent(b) the information and supporting documents necessary for entitlement to the PLA.

Rent certificate or residence in a home

FYI  

In general, the LPA is paid directly to the owner of the dwelling. It is therefore up to you to deduct the PLA from the rent owed by the tenant.

In the case of very social rent agreements (block 3), you must use leasehold intermediation, and you may choose the tenant from a list of candidates set by the prefect.

Indeed, you must inform the prefect of the rental and of each renting of your accommodation. The prefect then has 1 month to send you a list of candidates who meet the income limit. You must then choose the tenant from among these candidates. But if the prefect doesn't send you a list of candidates, it's up to you to choose the tenant from among those who respect the income ceiling.

Regardless of the agreement signed with Anah, you must:

  • Respect special conditions, if you wish to give your notice (leave) to the tenant during the term of the agreement.
  • Rent your accommodation throughout the agreement. However, a maximum period of one year is allowed to find a tenant, on presentation of proof.

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