Urgent help required re-Spanish rental law

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20 Mar 2010 00:00 by spandangler Star rating. 3 posts Send private message

Hope someone can help us on this. We are currently in dispute with our Spanish landlord. We took over the property on November 1st 2009 and since then the boiler that heats water downstairs has not worked so that we have to boil a kettle to do washing up and the washing machine only washes on cold. There is a separate system for water upstairs with a panel on roof that heats water only when we have sun for which there is a switch to supposedly provide hot water at other times. This also does not work so since November we have only been able to have a shower on only about 5 occasions. The landlady and the agent have been informed about the situation more than once and nothing has been done to rectify this. In addition to this we suffer constant power cuts which has resulted in damage to our TV and sky system. We have witheld the rent for 2 months now and still nothing has been done, we have now been told that legal proceedings are in place to evict us, although we have not received in notification in writing. In addition we have today received an email from the agent saying that under a new law we will be evicted by the police and thrown out on the street very shortly, but not given a timescale for this. Is the agent just trying strong arm tactics to scare us or do we have rights as the landlady has failed to maintain the property to a habitable standard?





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20 Mar 2010 14:09 by fpegman Star rating in San Miguel De Salina.... 464 posts Send private message

fpegman´s avatar

Hi

This article might help throw some light on the subject

http://www.roundtownnews.co.uk/index.php?option=com_content&task=view&id=22568&Itemid=41



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Fred

Overseas Property Company

fred@overseaspropertycompany.com

Real Estate sales - rentals and Lloyds insurance agency.




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20 Mar 2010 14:42 by suemac Star rating in Jumilla, Murcia. 1015 posts Send private message

Have you looked at your rental contract?  That should state the obligations on both sides, plus your tenancy will be subject to that contract rather than any new law that has come into force, because I doubt if the new law can be applied retrospectivally to existing contracts.  You certainly should have the right to hot water, though if the power cuts weren´t caused by any action of the landlord, he can´t be held responsible for them (power cuts in Spain aren´t exactly unknown though luckily seem to be resolved fairly quickly!)

Good luck and hope everything is resolved OK.

Sue

 



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 Sue Walker

Author of "Retiring the Ole Way", now available on Amazon

See my blog about our life in Spain: www.spainuncovered.com




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20 Mar 2010 15:43 by morerosado Star rating in Guardamar del Segura.... 7693 posts Send private message

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As you have a terrible landlady (not to mention the agent) who is quite obviously not maintaining your basic needs why aren't you considering moving out anyway, spandangler? 

I can only sympathise with your perdicament which is appalling & I understand your concerns, I really do.

Good luck!



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21 Mar 2010 09:34 by mariadecastro Star rating in Algeciras (Cadiz). 8117 posts Send private message

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 I would suggest you to issue a written claim on your problems, as soon as possible. This way you can oppose it if they finally sued you.

Best,

Maria



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Director www.costaluzlawyers.es

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25 Mar 2010 20:07 by Abolex Star rating in Andalucia - Murcia -.... 131 posts Send private message

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Dear spandangler

Send the landlord a burofax (in the post office bring them a letter in a piede of paper and ask them to send a burofax) to your landlord stating your problems and the reason why you are holding back the rent.

This will give you a defense in case you are sued and, by Law, they must look after all services and maintenance of the installations. This includes hot water, boiler...

Regards



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Martin de La Herran Sabick Abogado / Lawyer (reg. 851 Jerez) www.abolex.es



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