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How to sign an Anah agreement for a rental unit?

Verified 07 March 2019 - Directorate for Legal and Administrative Information (Prime Minister)

An individual wishing to rent a dwelling may sign an agreement with theAnah: titleContent to benefit from tax reductions on rental income received. If work is required to make the dwelling habitable, it may sign a agreement with works, which entitles it to financial assistance to carry them out. In return, it undertakes to respect several constraints, especially when choosing the tenant.

Convention without work

The agreement allows the owner of the dwelling to obtain a tax deduction on rental property income, depending on the location of the dwelling and the level of rent set in the agreement (intermediate, social or very social rent).

In addition, if the owner uses social rental intermediation, he may receive a premium of €1,000, provided that the rent is a social or very social rent, until 31 December 2022.

Please note

the accommodation agreed with the Anah cannot be a furnished accommodation, unless the owner uses the rental intermediation.

In return, the agreement requires the owner to:

Furthermore:

  • only Anah social rent or very social rent agreements are eligible Personalized Housing Assistance (LPA) for tenant
  • when the landlord wants to give notice (leave) to the tenant during the agreement period, special conditions apply,
  • when the tenant leaves the dwelling during the period of agreement, the dwelling must be re-rented under the same conditions, within a maximum period of 1 year after notification of the tenant's notice (leave).

The steps to be taken depend on several criteria:

  • the situation of the dwelling (unoccupied or already inhabited by a tenant),
  • and rent level which you wish to apply ("social or very social", "intermediate").

The accommodation is vacant

"Social or very social" rent level 

The agreement must be signed by the owner and the Anah. It may be done before the conclusion of the lease, but the tenant's move into the dwelling must be completed as soon as possible. The Anah Agreement must be attached to this lease.

The agreement can be obtained by addressing the local delegation of the Anah of the department where the accommodation is located. You should ask him:

FYI  

the agreement must be annexed to the lease.

Who shall I contact

"Intermediate" rent level

The agreement must be signed by the owner and the Anah. It may be done before the conclusion of the lease, but the tenant's move into the dwelling must be completed as soon as possible. The Anah Agreement must be attached to this lease.

The agreement can be obtained by addressing the local delegation of the Anah of the department where the accommodation is located. You should ask him:

FYI  

the agreement must be annexed to the lease.

Who shall I contact

The accommodation is inhabited

"Social or very social" rent level

The agreement must be signed between the owner and the Anah. To apply for the Anah agreement, you must wait for the renewal of the current lease, or request its renewal in advance.

The agreement can be obtained by addressing the local delegation of the Anah of the department where the accommodation is located. It must be addressed to the Minister before the renewal date of the lease or at the latest 2 months after the signing of the lease (or its entry into force or renewal):

FYI  

the agreement must be annexed to the lease.

Who shall I contact

"Intermediate" rent level

The agreement must be signed between the owner and the Anah. To apply for the Anah agreement, you must wait for the renewal of the current lease.

The agreement can be obtained by addressing the local delegation of the Anah of the department where the accommodation is located. It must be sent before the date of renewal of the lease, or at the latest 2 months after the signature of the lease (or its entry into force or renewal),

FYI  

the agreement must be annexed to the lease.

Who shall I contact

Initial Duration

A contract without work has a duration of at least 6 years.

When the agreement is completed, it automatically ends, unless the owner asks the Anah to renew it.

Extension

At the end of 1mother agreement, the owner may ask theAnah: titleContent extend the Convention for a period of 3 years, possibly renewable. The request for extension must be made using a form (amendment) addressed to the Anah before the end of the current agreement.

The agreement will be renewed for 3 years, under the same conditions (commitments of the owner, right to the tax advantage).

Signature of a contract with works

At the end of the agreement, the owner can ask to sign with the Anah an agreement with works. This new arrangement will allow the company to benefit from the tax advantage of the arrangement, as well as the financial assistance for renovation work..

When the agreement is completed, the agreement automatically terminates (unless the owner has requested an extension within the time limit).

With regard to the current lease, there are several possible scenarios, depending on the expiry date of the lease:

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End of lease before end of agreement

The lease must be renewed on the terms of the agreement.

FYI  

tax benefits remain until the lease is renewed after the end of the agreement.

End of lease after end of agreement

The landlord may renew the lease at a rent higher than that fixed by the agreement.

This offer must be made to the tenant at least 6 months before the end of the lease:

  • by registered letter with notice of receipt,
  • by act of bailiff
  • or given by hand against receipt or signature at least 6 months before the end of the lease.

The proposed rent should refer to the rents usually found in the vicinity for comparable housing. It must include rent references:

  • 6 minimum references if the dwelling is located in a municipality forming part of a conurbation of more than 1 million inhabitants,
  • 3 references if the accommodation is located in another geographical area.

If the proposed rent increase is:

  • less than or equal to 10% of the old rent, then the increase is spread by third over 3 years.
  • greater than 10% from the old rent, then the increase will have to be spread by sixth over 6 years.

If the owner wants to challenge:

  • the rejection of his application for a convention,
  • or the termination of its agreement for non-compliance with its commitments,

he has a period of 2 months from the receipt of these decisions to appeal to the Anah and then to appeal to the competent administrative court (the place where the building is located).

After this period, no claim will be considered.

Agreement with works

The agreement with works allows the owner of a dwelling to:

In addition, if the owner uses social rental intermediation, he may receive a premium of €1,000, provided that the rent is a social or very social rent, until 31 December 2022.

In return, the agreement requires the owner to:

Furthermore:

  • only Anah social rent or very social rent agreements are eligible Personalized Housing Assistance (LPA) for tenant
  • when the owner wants give notice (leave) to tenant during the period of agreement, special conditions apply,
  • when the tenant leaves the dwelling during the period of agreement, the dwelling must be re-rented under the same conditions, within a maximum period of one year after notification of the tenant's notice (leave).

Housing condition

To receive a grant, your work must be done in a dwelling dating back at least 15 years.

Conditions relating to the type and amount of work

To receive a grant, you must:

  • heavy rehabilitation work aimed at solving a particularly serious unfit housing situation or a very serious deterioration (e.g. your home is subject to an unsanitary or peril order),
  • or improvement work on the security of your home (saturation security),
  • or improvement work related to the safety of your home (treatment of unsanitary conditions or hazards not requiring heavy work...),
  • or improvement work relating to the adaptation of your dwelling to the loss of autonomy due to aging or disability,
  • or work to improve the energy performance of your home.

The work to be carried out must be of a minimum amount of €1,500 tax-free.

Maximum amount depending on the nature of the work

Nature of work

Maximum amount of subsidized work excluding taxes (excluding taxes)

Anah share

Heavy renovation work of your undignified or very damaged housing

€80,000

35%

Improvement work for the security of your home

€60,000

35%

Improving the safety of your home

€60,000

35%

Work to improve the accessibility of your accommodation

€60,000

35%

Work to improve the energy performance of your home

€60,000

25%

Warning  

the work can only begin once the decision granting the grant has been received.

Conditions for the completion of the work

Payment of aid

The payment of a grant from the Anah is not automatic..

The amount of the grant depends on many factors, such as the nature of the work envisaged and the amount of the work.

The Anah also appreciates the opportunity to pay the grant according to the economic, social and environmental interest of the project, but also according to local priorities.

In the event of a favorable award decision, the aid shall be paid once the work has been completed.

However, it is possible to collect an advance payment to start the work. To do this, you must have very modest resources and carry out work on adapting your home to the loss of autonomy.

Your deposit request must be made from a form.

Anah: application for a down payment to commence work on the application of a lessor

Starting work

Once the application has been granted, you are required to carry out the work in accordance with the submitted project.

The work must be carried out within 3 years of the date of the decision granting the grant.

Job completion

Once the work has been completed, you must present the invoices to the local Anah delegation.

The Anah then intervenes to proceed to the payment of the entire grant (except in case of payment of a deposit).

The steps to be taken depend on several criteria:

  • the situation of the dwelling (unoccupied or already inhabited by a tenant),
  • and rent level which you wish to apply ("social or very social", "intermediate").

The accommodation is vacant

"Social or very social" rent level

The agreement must be signed by the owner and theAnah: titleContent..

The agreement must be requested from the local Anah delegation in the department where the accommodation is located.

Before signing the lease, you must address:

After signing the lease, contact:

FYI  

the agreement must be annexed to the lease.

Who shall I contact

"Intermediate" rent level

The agreement must be signed by the owner and theAnah: titleContent..

The agreement must be requested from the local Anah delegation in the department where the accommodation is located.

Before signing the lease, you must address:

After signing the lease, contact:

FYI  

the agreement must be annexed to the lease.

Who shall I contact

The accommodation is inhabited

"Social or very social" rent level 

If the tenant was already in place before the work and the lease is still in progress, a new lease will still have to be concluded.

The agreement must be signed by the owner and theAnah: titleContent..

The agreement must be requested from the local Anah delegation in the department where the accommodation is located.

Before signing the new lease, you must address:

After signing the lease, contact:

FYI  

the agreement must be annexed to the lease.

Who shall I contact

"Intermediate" rent level

If the tenant was already in place before the work and the lease is still in progress, a new lease will still have to be concluded.

The agreement must be signed by the owner and theAnah: titleContent..

The agreement must be requested from the local Anah delegation in the department where the accommodation is located. You should ask him:

Before signing the new lease, the following should be addressed:

After signing the lease, the following address must be addressed:

FYI  

the agreement must be annexed to the lease.

Who shall I contact

In the event of a favorable award decision, the aid shall be paid once the work has been completed.

However, it is possible to collect an advance payment to start the work. To do this, you must have very modest resources and carry out work on adapting your home to the loss of autonomy.

Your deposit request must be made from a form.

Anah: application for a down payment to commence work on the application of a lessor

Initial Duration

An agreement with works has a duration of at least 9 years.

When the agreement is completed, it automatically ends, unless the owner asks the Anah to renew it.

Extension

At the end of 1mother agreement, the owner may ask theAnah: titleContent extend the Convention for a period of 3 years, possibly renewable. The request for extension must be made using a form (amendment) addressed to the Anah before the end of the current agreement.

The agreement will be renewed for 3 years, under the same conditions (commitments of the owner, right to the tax advantage).

When the agreement is completed, the agreement automatically terminates (unless the owner has requested an extension within the time limit).

With regard to the current lease, there are several possible scenarios, depending on the expiry date of the lease:

Répondez aux questions successives et les réponses s’afficheront automatiquement

End of lease before end of agreement

The lease must be renewed on the terms of the agreement.

FYI  

the tax benefits of the agreement remain until the lease is renewed after the end of the agreement.

End of lease after end of agreement

The landlord may renew the lease at a rent higher than that fixed by the agreement.

This offer must be made to the tenant at least 6 months before the end of the lease:

  • by registered letter with notice of receipt,
  • by act of bailiff
  • or given by hand against receipt or signature at least 6 months before the end of the lease.

The proposed rent should refer to the rents usually found in the vicinity for comparable housing. It must include rent references:

  • 6 minimum references if the dwelling is located in a municipality forming part of a conurbation of more than 1 million inhabitants,
  • 3 references if the accommodation is located in another geographical area.

If the proposed rent increase is:

  • less than or equal to 10% of the old rent, then the increase is spread by third over 3 years.
  • greater than 10% from the old rent, then the increase will have to be spread by sixth over 6 years.

If the owner wants to challenge:

  • the rejection of his application for a convention,
  • or the termination of its agreement for non-compliance with its commitments,

he has a period of 2 months from the receipt of these decisions to appeal to the Anah and then to appeal to the competent administrative court (the place where the building is located).

After this period, no claim will be considered.