France – Real estate agency services on a fee or contract basis – Contrat de mandat de gestion locative et technique d'ensembles immobuliers appartenant aux SCI de l'Association Foncière Logement

This consultation concerns the letting and technical management of 54 property portfolios (including 431 existing and 23 new ones) totalling 10,615 dwellings located across the entire national territory (69 departments). The present consultation concerns two types of mission: 1) the complete administration of a property portfolio; the letting and technical management will be global and will concern both the private and common parts, partial or total; 2) the administration of dwellings located in property portfolios under co-ownership; the letting and technical management will only concern the private parts, as well as the management of relations with the management company and the representation of the principal. In both cases, the mission includes the search for tenants for vacant dwellings unless otherwise advised by the Association. It concerns two types of different assets: - Rented accommodation with controlled rent: existing controlled rent programmes for which the current management contract is coming to an end - Rented accommodation with free rent: existing free rent programmes (for which the current management contract is coming to an end), or new (whose delivery corresponds to the effective date of the contract, carried out in areas with a high proportion of social housing, or in the immediate vicinity). The general conditions of the contracts are identical for the two types of assets, but the specific conditions differ depending on whether the programmes are new or existing. • The manager will be the agent of the SCI owners; he must manage the property portfolio on behalf of and for the account of the principal, in compliance with the provisions of the so-called "Hoguet" law of 2 January 1970, and the texts which supplement or amend it and also of law no. 2014-366 of 24 March 2014 (ALUR). In this regard, it is specified that the missions which are the subject of the contracts concluded with the managers are fully subject to all this legislation or any subsequent legislation, without it being necessary to amend the contracts, and that the managers are bound by an obligation to comply with this legislation in the performance of all the acts and services which are the subject of the management contracts; • He must ensure, to the best of the principal's interests, the administrative management of the property portfolio (validation of tenant applicants' files and organisation of visits, management of leases and APL, management of rental disputes, administration of the property portfolio, concierge services, etc.). • He will also ensure the technical management of the property portfolio, including the taking over of new assets during which he will represent the principal, the inventory, the maintenance and service contracts, the routine maintenance work, the major maintenance and major repair work, the management of claims, the consultation of companies. • He will carry out the accounting management and the rendering of accounts. • He must ensure the information of the principal by a "reporting" permanent and regular, using the media made available to him by the principal (in particular an Internet portal), within deadlines determined under penalty of sanctions. He will submit to all controls, investigations and audits, direct from the principal or those that the latter will have carried out by external intervenors or even those that would be carried out by the control bodies to which the principal is subject (example: audit or investigation by Ancols or the Court of Auditors). He undertakes to provide all explanations and documents that may be requested of him and to cooperate in good faith with Foncière logement, its subsidiaries and the control bodies.