Letting property in Spain, potential new regulations!

The Minister for Development, Ana Pastor, has requested the Council of Ministers to change the Law for Urban Rents (the letting of properties in Spain) to promote the Spanish housing rental market.

The measures proposed by the Minister are the following:

1)      Effective recourse to recover possession of a property let in Spain. If an owner needs to occupy the property for his own use, then it is proposed that he can recover the property by giving notice to the tenant two months beforehand – without having to agree to this within the letting contract.

2)      Reduction of compulsory right to occupation. Tenants will only have the right to stay in a property for three years and not five (as at present).

3)      Rights for those living abroad.  Those who live abroad and decide to rent their property in Spain will have a right to benefit from certain tax reliefs.

4)      Effective recourse for eviction. If a tenant fails to pay the rent, an owner will be allowed to cancel the rental agreement – if he sends a properly notarised communication or court notification to the tenant.

5)      Accelerated eviction proceedings. A process for accelerated court proceedings in eviction cases is to be developed.

Carolina Just Miro – lawyer