Does not provide a legal basis for its

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Fails to provide a legal basis for its decision under Article 23-3 of the Decree of 30 September 1953, the Court of Appeal which fixes, outside the statutory capping, the rent of the renewed lease, by holding that, a butcher's business having previously been operated in the premises, the tenant could not have carried on a restaurant-bar activity there without first undertaking, during the period preceding the lease to be renewed, fitting-out and adaptation works for that use, of sufficient scope to constitute improvement works, without specifying the nature of the works actually carried out, and whereas works to bring the premises into conformity with their contractual use do not constitute improvements.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the legal time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice is always cheaper than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.