Glossary entry

French term or phrase:

reprise (bail)

English translation:

recovering possession of a property

Added to glossary by liz askew
Jun 3 07:06
25 days ago
39 viewers *
French term

reprise (bail)

French to English Law/Patents Real Estate
Code rural : L. 411-6

Lorsqu'une clause de reprise en cours de bail figure dans le bail initial ou le bail renouvelé, elle ne peut s'exercer que dans les conditions prévues à l'alinéa qui précède, sauf s'il s'agit d'un bail conclu ou renouvelé au nom du propriétaire ou d'un copropriétaire mineur, qui peut, à compter de sa majorité ou de son émancipation, exciper à son profit de la clause inscrite dans le bail à l'expiration de chaque période triennale en vue d'exploiter personnellement dans les conditions susmentionnées.
 Le propriétaire qui entend exercer la reprise en cours de bail doit notifier congé au preneur deux ans au moins à l'avance dans les formes prescrites à l'article

I've seen "recovery" for this, also "repossession" but I have not found the definitive translation.
References
see
Change log

Jun 17, 2024 16:35: liz askew Created KOG entry

Discussion

repossession of leasehold property - general conditions for termination of lease before it expires, property repossession, relief from forfeiture and advantage of negotiating disputes. https://england.shelter.org.uk/professional_resources/legal/...
Daryo Jun 3:
The REAL question is "reprise en cours de bail"

which cleanly means the owner "taking back" the possession of a property that was leased, before the end of the lease.

"reprise (bail)" is vague/inaccurate enough to lead the wrong way. As if a contract could be "repossessed" ...

Proposed translations

+3
1 hr
Selected

recovering possession of a property

..

--------------------------------------------------
Note added at   1 godz. (2024-06-03 08:47:16 GMT)
--------------------------------------------------

https://www.proz.com/kudoz/french-to-english/law-contracts/2...

biens de reprise
Tłumaczenie (angielski): biens de reprise (property for recovery of possession)





--------------------------------------------------
Note added at   1 godz. (2024-06-03 08:47:34 GMT)
--------------------------------------------------

so


recovery of possession

--------------------------------------------------
Note added at   5 godz. (2024-06-03 12:15:39 GMT)
--------------------------------------------------

https://synonyms.reverso.net/synonyme/fr/reprendre possessio...
Note from asker:
Plenty of occurrences of recovering possession on Canadian federal government sites. Thank you!
Peer comment(s):

neutral Andrew Bramhall : Not really; this is a specific legal solution available to landlords in certain cases, and there's no evidence to suggest that is the case here; lease repossessions can occur without any change of tenant/tenancy being involved.
18 mins
on the contrary, my references are valid and back up my answer!
agree Daryo : exactly // or "recovering possession of a leased property"
1 hr
Thank you very much!
agree AllegroTrans : "recovery of possession" (i.e. method(s) and grounds may be set out explicitly in the lease)
1 day 1 hr
Thank you!
agree Mpoma : Yup. Simples, particularly with the context.
2 days 1 hr
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
-1
28 mins

taking over

Note from asker:
In my context, it is the owner that "takes over" I know that "take over" is appropriate if another lessee "takes over" the lease, but I do not know if it is the correct term when it is not another lessee, but the owner.
Peer comment(s):

agree erwan-l
10 mins
Thank you, Erwan!
disagree Daryo : wrong references + here it would the owner "taking BACK" the (right of possession over the) property.
2 hrs
disagree AllegroTrans : It's about "taking back" possession, not "taking over"
1 day 5 hrs
Something went wrong...
-2
1 hr

Lease repossession

lWhere a lease repossession is included in the lease or the renewed lease, it may only be activated under the conditions set out in the preceding paragraph, except in the case of a lease entered into or renewed in the name of the owner or a co-owner who is a minor and who may, from the date of attaining his majority or release, exercise the clause included in the lease in his favour at the end of each three-year period with a view to operating the property personally under the aforementioned conditions.
 The owner who intends to exercise the right of repossession during the term of the lease must give the lessee at least two years' notice in the manner set out under Article......
Note from asker:
It's the property that is being recovered. Not the lease.
Peer comment(s):

disagree Daryo : ??? Sounds like a wrong verb-object combination. AFAIK you can "repossess" a property , but a lease is an agreement - that can be terminated / cancelled / forfeited ... . Any real life sample of "**a contract*** being repossessed"?
59 mins
Thanks
neutral liz askew : you should provide French references to back up your answers, as well as En ones
2 hrs
Thanks
disagree AllegroTrans : A property can be repossessed, but not a lease. Think about it.
9 hrs
Something went wrong...
3 hrs

re-entry

It appears to be the word for when a lessee is in breach of the lease, but I don't know that the same word applies in your case.

A forfeiture clause relates to how the landlord can regain possession if the tenant breaches the lease terms, also known as the right of re-entry clause. The clause itself does not allow a landlord or agent to repossess a property, but it must still be included in a tenancy agreement because it is necessary to formally warn the tenant what may happen if they breach the tenancy a
https://www.domus.net/article?articleID=33
Something went wrong...
4 hrs

surrender (of lease)

en cours de bail: during the demise (letting).

> for some reason, 'surrender' from the tenant's or lessee's point of view - despite few g/hits FRE/ENG/FRE - was the first thing that came to mind. Contrast and compare: assignment and regrant.

Otherwise, as a matter of legalistic course, I agree with Daryo: premises, property and land - rather than the lease or tenancy - is repossessed.
Example sentence:

A surrender of lease is where the tenant gives up their interest in the property to the landlord. If the tenant surrenders the lease, the landlord can *re-take possession* of the property.

IATE: fr privilège de reprendre possession de ses biens CdT en privilege of recapture of property = surrender option CdT

Something went wrong...

Reference comments

1 hr
Reference:

see

https://educaloi.qc.ca/capsules/la-reprise-du-logement/

--------------------------------------------------
Note added at   1 godz. (2024-06-03 08:39:25 GMT)
--------------------------------------------------

reprise = récupérer

https://www.legalplace.fr/guides/proprietaire-recuperer-loge...

--------------------------------------------------
Note added at   1 godz. (2024-06-03 08:40:42 GMT)
--------------------------------------------------

https://www.rcsolicitors.co.uk/property/landlord-advice/reco...

Helping Landlords recover possession of rental properties
Recovering possession of a rental property

Recovering possession of rented residential property is not always a simple process. At "common law" a person with a right to possession of property can bring proceedings to regain possession of that property from the occupiers. The common law is refined by various statutes. To claim possession the occupier must have no right to occupy the property. Either the occupier never had any rights (squatters) or those rights must have come to an end. The landlord is normally required to serve a notice and then, if the tenant fails to leave, to pursue possession proceedings through the Courts.

--------------------------------------------------
Note added at   1 godz. (2024-06-03 08:43:23 GMT)
--------------------------------------------------

https://www.gov.uk/possession-claim-online-recover-property


Possession Claim Online: recover property

You can take court action to repossess a property if you’re owed money for rent or a mortgage, and the tenant or mortgage holder will not pay.
Peer comments on this reference comment:

agree Daryo : or "recovering possession" of the property
1 hr
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search