Millions of tenants can claim a reimbursement of their rent. Their owner must put their hands in their pocket.
A constraint for owners can become a boon to be grasped for tenants. While 19 million people are tenants of their main residence in France, some may request a reimbursement of their rent directly from the owner of the property they occupy. Indeed, all housing in France are subject to the diagnosis of energy performance (DPE). This indicator assesses the energy consumption of housing by awarding it a note ranging from A to G. The millions of owners who rental have the obligation to provide this document to their tenants, allowing them to assess the energy performance of their future housing.
However, the DPE has direct repercussions on the rental. Since January 1, 2025, the accommodation classified G, considered as thermal colanders, can no longer be offered for rental. This ban must extend to housing classified F in 2028, then to those rated in 2034. However, the prohibition applies to new rental contracts, it does not concern current leases.
For tenants already occupying a thermal colander, the law provides specific protections. Since September 1, 2022, the rents of housing classified F and G can no longer be increased. This measure concerns approximately 3 million dwellings rented on the 5 million thermal colanders identified in France. Behind this figure, so many tenants can therefore enjoy a freeze. They will even be numerous soon to benefit from it.
Indeed, the number of thermal colanders will increase soon. Many DPEs are no longer up to date or arrive at the end of validity. The diagnoses made before 2014 must be renewed, their validity period being set at 10 years. In addition, the DPEs carried out between January 1, 2018 and June 30221 all lost their validity in 2024, when the DPE calculation rules were modified. The new assessments of these dwellings could reveal degraded energy performance and thus increase the number of thermal colanders identified. Situation which will mechanically increase the number of tenants eligible for the freeze of rent.
However, despite the ban, some unscrupulous owners still derogate from the rule. Thus, tenants living in F or G classified housing have recently undergone rent increases as explained by a Parisian article. 10, 50 and sometimes even 80 euros per month are added to their expenses. However, these tenants can request a refund from their owner. For this, they must send him a letter of formal notice. The latter will then have to return the overpayment to them. However, it is necessary to act quickly because the rent debts are prescribed after three years.
If the owner refuses to reimburse, the tenant may also seize the departmental conciliation commission, then the district court if necessary. In some cases of disputes, the owners are forced to pay tens, see several hundred euros to their tenant.
