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 choice is not entirely free. The tenant must meet a number of conditions. These conditions may vary depending on the agreement signed with theAnah: titleContent. Indeed, the agreement may be intermediate rent (loc 1), social rent (loc 2), or very social rent (loc 3).
Who can become a tenant?
You must choose a tenant to make housing his 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
if the agreement is concluded between a business and Anah, the lessee must not be a partner, a person related to him for tax purposes, or one of his ascendants or descendants. It is on this condition that tax reduction Loc'Advantages may apply.
What income must the tenant have?
You must rent the property to a tenant whose income is less than 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).
- The very social rent (or loc3).
The lower the rent level of the agreement, the lower the revenue cap of the tenant, and the more tax reduction which is granted to you is high. This tax reduction may be increased in the event of recourse to social rental intermediation.
To find out the income limits applicable in the housing municipality, you can use the Anah simulator:
Are there any other constraints?
In the case of social rent or very social rent agreements, 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 and return it 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.
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, you must use social rental 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.
Who can help me?
Find who can answer your questions in your region
- Construction and housing code: articles D321-23 to D321-30-1Maximum income: Article D321-26
- Construction and housing code: articles D321-31 to D321-36APL: D321-31, D321-33, D321-34
- General Tax Code, Annex 3: Article 2l DRevenue Cap - Intermediate Rent
- Order of 14 April 2022 pursuant to Article 2l H of Annex III to the General Tax CodeRevenue Cap - Social and Very Social Rent
- Order of 30 September 2014 pursuant to Article R. 304-1 of the Construction and Housing CodeZoning A bis, A, B1, B2
- Income Tax - Rental Income from Conventional Housing AnahService-Public.fr
- Custom Housing Assistance (APL)Service-Public.fr
- National Housing Agency: LandlordNational Housing Agency (Anah)