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In what cases do I refer the matter to the Departmental Conciliation Commission?

Verified 18 décembre 2020 - Directorate for Legal and Administrative Information (Prime Minister)

The Departmental Conciliation Commission (CDC) helps landlord (landlord) and tenant to find a friendly solution to their dispute. Depending on the type of dispute (situation, decency, ...), it may be obligatory to refer the matter to the CDC before appealing to the judge. The CDC intervenes free of charge. Be careful, the tenant and the owner of a rented accommodation with a mobility lease do not have access to the conciliation commission.

Individual dispute

The CDC seeks an amicable settlement of disputes between landlord (private landlord or social landlord) and tenant (using the dwelling as principal residence) to avoid recourse to the court if possible.

It is a joint body composed equally of representatives of landlords and tenants.

The competent CDC is the one where the dwelling is located.

  Warning : the commission does not have jurisdiction to deal with a dispute relating to mobility lease..

The CDC intervenes when the rented dwelling (empty or furnished) constitutes the principal residence of the tenant, whether the landlord is a private owner or a social landlord.

Private accommodation

The CDC shall have jurisdiction in the following individual disputes:

  • Security deposit
  • State of entry or exit
  • Decent housing
  • Furnishing (only for furnished rented accommodation)
  • Repairs by landlord or tenant
  • Leasehold charges
  • Notice (leave) given by landlord or tenant
  • Fixing the new rent (lease of exit from the law of 48)
  • Fixing the rent when renting or reletting
  • Increase in an undervalued rent (at lease renewal)
  • Decrease in over-priced rent (in-lease or lease renewal)
  • Rent supplement

Social housing

The CDC shall have jurisdiction in the following individual disputes:

  • Security deposit
  • State of entry or exit
  • Decent housing
  • Repairs by landlord or tenant
  • Leasehold charges
  • Leave granted by the tenant

  Warning : it does not have jurisdiction over rent disputes.

Is it mandatory?

It is mandatory to refer the matter to the CDC and then to refer the following cases to the judge:

  • Increase of an undervalued rent at lease renewal
  • Overpriced rent decrease (application as lease renewal approaches)
  • Framework of the evolution of the rents between 2 successive tenants
  • Rent supplement

For all other disputes, entering the CDC is optional: it is possible to directly enter the judge..

Who seizes the CDC?

The CDC may be seized by the lessor or by the tenant.

How do I enter it?

CDC intervention is free.

The CDC must be entered by registered letter with acknowledgement of receipt.

Tenant: letter to the Departmental Conciliation Commission (CDC)

National Institute of Consumer Affairs (INC)

This letter must be sent to the CDC of the department where the dwelling is located.

Who shall I contact

The letter shall include the following information:

  • Names and addresses of tenant and lessor
  • Dispute Subject
  • Lease Copy
  • Baseline if the rent increase is understated
  • Useful documents to support the file (state of play, emails, letters, plans...)

How soon?

The CDC may be seized at any time, except for the following disputes:

Time limits for filing CDC for certain disputes

Dispute

Deadlines to enter CDC

Rent supplement

Within 3 months of signing the lease

Underpriced Rent (application in the run-up to lease renewal)

Within 4 months before the lease due date

Overpriced Rent (application in the run-up to lease renewal)

Within 4 months before the lease due date

Decent housing

Within 2 months after a formal notice to do the work remained unanswered

Fixing a new rent (phase-out lease from the 1948 law)

Within 3 months of receiving the proposal for a progressive exit lease by the tenant

  Warning : for an undervalued rent increase or an overvalued rent decrease at lease renewal, the judge must be entered after the expiry of the CDC's response period (2 months) and before the lease expires.

Convocation

The parties (the lessor and the tenant) are summoned by simple mail or by mail at least 15 days before the date of the meeting.

In the event of the absence of one of the parties for a legitimate reason (medical, professional, family...) and justified (in support of a supporting document), a new and final invitation may be sent.

Conduct

The parties may present themselves in person (possibly assisted).

In the event of an impediment, it is possible to be represented by an authorized person (by written conciliation mandate).

  Please note : if one of the parties is absent on the day of the meeting, the CDC finds that it is impossible to reconcile them but can also express an opinion on the situation which is presented to it by the present party.

After hearing the parties, the CDC tries to reach an agreement.

Agreement

In the event of agreement, the parties shall sign a conciliation document. The appeal to the judge is no longer possible. For example, if the tenant renounces part of his security deposit, he can no longer refer the matter to the judge for restitution.

If one of the parties does not respect the signed agreement, the other party may refer the matter to the judge to enforce it.

No agreement

In the absence of an agreement, the CDC shall issue a notice to the parties by simple letter within 2 months.

One party may enter the judge..

The CDC's opinion may be brought to the attention of the judge.

Collective litigation

The CDC seeks an amicable settlement of disputes between landlord (private landlord or social landlord) and tenants (occupying the dwelling as principal residence) in order to avoid, if possible, going to court.

However, entering the CDC is optional: it is possible to directly enter the judge..

It is a joint body composed equally of representatives of landlords and tenants.

The competent CDC is the one where the dwelling is located.

  Warning : the commission does not have jurisdiction to deal with a dispute relating to mobility lease..

The CDC intervenes when the dwelling (rented empty or furnished) constitutes the principal residence of the tenants, whether the landlord is a private owner or a social landlord.

Private accommodation

The CDC shall have jurisdiction in the following collective disputes:

  • Implementation of national or local agreements
  • Operation of a building or group of buildings (if entirely for rental use)

Social housing

The CDC shall have jurisdiction in the following collective disputes:

  • Implementation of national or local agreements
  • Operation of a building or group of buildings (if entirely for rent)
  • Implementation of the collective action plan

Who seizes it?

The CDC may be seized by the landlord, or by several tenants, or by a representative association of tenants.

How do I enter it?

CDC intervention is free.

The CDC can be seized at any time.

The CDC must be entered by registered letter with acknowledgement of receipt.

Tenant: letter to the Departmental Conciliation Commission (CDC)

National Institute of Consumer Affairs (INC)

This letter must be sent to the CDC of the department where the dwelling is located.

Who shall I contact

The letter shall include the following information:

  • Names and addresses of the tenants concerned and the lessor
  • Dispute Subject
  • Copy of leases
  • Useful documents to support the file (state of play, emails, letters, plans...)

Convocation

The parties (the lessor, the tenants or the representative association of the tenants) are convened by simple mail or by mail at least 15 days before the date of the meeting.

In the event of the absence of one of the parties for a legitimate reason (medical, professional, family...) and justified (in support of a supporting document), a new and final invitation may be sent.

Conduct

The parties may present themselves in person (possibly assisted).

In the event of an impediment, it is possible to be represented by an authorized person (by written conciliation mandate).

  Please note : if one of the parties is absent on the day of the meeting, the CDC finds that it is impossible to reconcile them but can also express an opinion on the situation which is presented to it by the present party.

After hearing the parties, the CDC tries to reach an agreement.

Agreement

In the event of agreement, the parties shall sign a conciliation document. The appeal to the judge is no longer possible. For example, if the tenant renounces part of his security deposit, he can no longer refer the matter to the judge for restitution.

If the signed agreement is not respected by one of the parties, the other may refer the matter to the judge to enforce it.

No agreement

In the absence of an agreement, the CDC shall issue a notice to the parties by simple letter within 2 months.

One party may enter the judge..

The CDC's opinion may be brought to the attention of the judge.