Any help would be appreciated.

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01 Feb 2009 00:00 by popa Star rating. 6 posts Send private message

Recently my family and I took on a six monthly contact. One of the services we required in the property was ADSL. My wife works from home and access to the internet is a must. Without it she can't work and therefore does not get paid. When we first enquired about the property we stipulated that ADSL must be available, this was emailed to the landlord who did not say that it would not be but made it sound as if it was. In every correspondence up to signing the contract the question was asked about ADSL. Again he told us that it was but we would have to set this up ourselves.   

When we moved in we found out that the ADSL service was not available. We tried every company we could to fix the matter before we decided to move out. With not wanting to go for another month without my wife being able to work we found a new apartment and broke the existing contract giving only one weeks notice. I notified the landlord and gave him our reasons for leaving (mainly no ADSL service). Now the landlord has decided to take legal action against me for breaking the contact without the 30 days notice. He says and I quote "we are not responsible for telefonicas failure to provide you with a service, and does not form part of the contract,".

What I would like to know is:-

Can he do this?

Where do I stand and how can I stop this?

Does our stipulation for a service we were made to think was available not count?

Can we claim for my wife's loss of earnings from the landlord?

 I have every correspondence email saved from the original enquiry to the final

 

I was thinking that maybe if I did not have a leg to stand on then I could offer to give the landlord one months rent for the 30 days term of notice.

 

Please help… I feel I've been tricked and now paying the price.





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01 Feb 2009 07:55 by Rickiebear Star rating in Bristol UK/Tenerife. 40 posts Send private message

Hi Popa, the law is very complicated and long winded in Spain. To defend your case you would need a Spainish Lawyer. Add this to the constant stress, it would be cheeper to pay the rent and 'move on'.





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01 Feb 2009 12:06 by claire T Star rating in Torremendo, Orihuela. 698 posts Send private message

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Hi Popa - there is a lawyer who posts regularly on the forum - Maria deCastro.  Look for her posts and get in touch with her - she is very helpful.  Personally, I wouldn't rush into a decision as the legal system in Spain takes years to do anything!



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01 Feb 2009 13:36 by morerosado Star rating in Guardamar del Segura.... 7652 posts Send private message

morerosado´s avatar

Hi there Popa

I would be tempted to give in to the owner & save money (on legal advice & action) not to mention the stress. It can really get you down. I'd be thoroughly annoyed too, in your position but sometimes, I think, it's best/easier to give in. Maria would likely say you are in the right but legal action in Spain often takes forever & things can go very wrong as many will tell you if you read certain posts.



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