The rent control experiment has been in force in the 24 municipalities of the tense housing zone in the Basque Country since November 25. Date of signature by the prefect of the decree setting the reference rents in this space, basis for calculating the ceiling (read elsewhere). It seems that the measure had an instant impact. From the first week, the simulator made available to the public by the Basque Country Agglomeration to check the conformity of a rent recorded 6,000 connections.
“We see that people are taking ownership of this tool,” notes Jean-René Etchegaray, mayor of Bayonne and president of the XXL intercommunality. “The figures do not tell us the proportion of tenants who connect, or that of owners who wish to evaluate their practice. But there is a handling of the simulator and obviously questions. »
43% above the ceiling
The defense of housing for all structures an important part of Alda's action. The association “wanted to take an x-ray of the rental stock” in the tense area, on the date the compensation came into force. Or the one at which all rental offers should respect the framework floors and ceilings. “We used the site cadredesloyers.fr. It offers an extension which compiles data from ad sites to check which ones respect the ceilings or not,” explains Malika Peyraut, spokesperson for the association. Alda thus screened 1,125 advertisements, across 11 sites. “We noted 490 advertisements which exceed the ceilings. Or 43%. »
The activist takes a positive first reading of it. “A majority of owners already respect the rent cap. This should be noted when we see that the debate is already shifting to these owners who say they want to sell because of the cap. » The National Real Estate Federation (FNAIM), in particular, warns against the risk of certain housing units leaving the rental market.
Alda wants to tighten the criteria
Nearly half of the owners present on the sites are drilling the ceilings. Alda advocates “an increase in sanctions” (1). And that the fruit of the fines go to the municipalities, to finance a control system. It would also be a way to localize housing policy.
The departmental conciliation commission is in Pau. This creates a problem of equality before the law
Likewise, the association calls for a departmental conciliation commission in Bayonne. She must find amicable ways between landlords and tenants. “The commission is in Pau. This creates a problem of equality before the law. You already have to engage in a procedure, it's not easy. And you also have to cross the department, which takes time and incurs costs. »
Alda deplores the latitude left in cases where the owner can apply a “rent supplement”. Certain goods, by their exceptional nature, justify a special increase. A possibility that deviates from the framework, insofar as this supplement is not capped. “We think that it should not exceed 20% more than the ceiling and that it should be indexed to the housing DPE,” says Malika Peyraut.
“Some “
The idea is obviously not that a tenant loses in energy bills what they gain in rent.
Professionals also talk about the isolation of housing, in another warning: “Owners tell us that they will give up on the renovation work they had to do, due to the loss of rent,” argues Elodie Mir , co-president of the FNAIM Béarn Bigorre and Basque Country. Jean-René Etchegaray heard some of these owners. He admits “a subject”, “perhaps a bone”. “The idea is obviously not that a tenant loses in energy bills what they gain in rent. » The elected official does not neglect a possible vice-like effect, for some, while the climate and resilience law constrains energy performance diagnostics (DPE), to the point of prohibiting rental of those below the letter E, from 2034.
“We must not forget that we are in a phase of experimentation with rent control,” procrastinates the boss of the Agglomeration. “A new decree on reference rents must be issued in a year for 2026. Practice will move the decree forward. » On Alda's side, there will be great vigilance regarding the future version of the framework text. And there are already calls for an extension of the experiment beyond 2026, the end date of the experimental phase enshrined in the law. The FNAIM, for its part, does not rule out legal action to weigh in. As it did in Ile de France where a recent decision by the Council of State weakens the framework in its implementation methods.
(1) Currently, fines can reach up to 5,000 euros for an individual, 15,000 for a legal entity.
Supervision, the main principles
The prefect sets by decree a reference rent in the areas concerned, depending on the characteristics of the housing. This corresponds to the median rent observed. A rent ceiling is set, equivalent to the median rent increased by 20%. The median rent can also be reduced by up to 30%. This applies to rentals of empty or furnished accommodation, in main residences, as well as mobility leases. In the case of shared accommodation or multiple leases, the sum of the rents must not exceed the ceiling. Certain accommodations with exceptional properties may apply additional rent.
