It is the fear of real estate agencies: renting a property to a bad payer. To limit this risk, the National Real Estate Federation (FNAIM) intends to create a file for property administrators by 2021. Called Arthel, it would be based on the same model as banking bans, according to this professional union which made the announcement on Wednesday.
It should come into force when the future Nogal law, named after LREM deputy Mickaël Nogal, will introduce a new type of management mandate for property managers which "aims for lessors to guarantee unpaid rents with an obligation to achieve results".
This file should allow to assess the rental risk and also to lower the cost of insurance, advance FNAIM. The database will be supplied by all professionals and its consultation will be reserved for them. In other words, the owners will not have access to it. Tenants late by more than three rents will be registered. As soon as the debt is paid, the defaulters will be struck out, if not three years later.
The CNIL promises to be vigilant
Questioned by Le Monde, the National Data Protection Commission (Cnil), which would have given its approval in October according to Capital, specified that it will pay "very particular attention to these files of bad payers and these black lists, with regard risks which weigh on the rights and freedoms of the persons concerned ”.
Tenants must be informed of the existence and operation of the file at the signing of the contract, but also in the event of payment, registration and deletion of data.
FNAIM is advocating for the creation of a file of tenant payment accidents. We have already obtained the #CNIL agreement on the project. pic.twitter.com/l48Wv6PiD4
"A barrier to access to housing"
Despite these precautions, the file is however already criticized. “It is purely outrageous. It is an invasion of privacy and an additional barrier to accessing housing. An unpaid rent can happen to a tenant in good faith ”, reacted Eddie Jacquemart, the president of the National Housing Confederation (CNL), to Les Echos.
According to the business daily, the latter is preparing a response: "If the FNAIM does not back down, we will respond with a black book of professionals who do not return the security deposits, charge unjustified fees and discriminate in the access to the rental, ”threatens Eddie Jacquemart.