I don't have a legal resident contract and my landlord won't help me get an Empadronamiento?!

Hi,
I've recently moved to Madrid from the UK and will start work next week. I've found a flat and have got my NIE and social security number. Next thing I want to get is my Tarjeta Sanitaria, for which I need the Empadronamiento. However, I'm in a shared flat and I don't have an official rental contract. I asked my landlady but she won't come with me to sign that I'm a resident at her place, and she's telling me that I don't need the Empadronamiento. Is it absolutely essential that I get the Empadronamiento and the Tarjeta Sanitaria? I don't want to lose my fianza but I'll be in Madrid for at least a year, and I'll be paying Social Security so I want to be able to access the things I'm entitled to. Sorry for the long post, any advice would be appreciated!

Your rental contract should suffice to get registered in the Padron

rtow:     

I have POA for my son. I gave a friend who is living rent free in my son’s apartment a letter to confirm that.  He registered on the Padron, without any problems.

It is in the interests of the town hall to register residents as the town hall get a subsidy for each person on the register.

When  you said you have NIE, in the situation described,   I expect you meant that you have registered on the EU Citizens Register  (often incorrectly called Residencia)

Maria, I don't have an official rental contract, this is the problem.

John, my landlady does not want to give me the Empadronamiento because she is clearly not paying her taxes (hence why I don't have a rental contract). I have a Numero de Indentificación de Extranjero (NIE). Different from Residencia.

You should have a contract. Why do not you have it?

Let’s not be naive. 

During my years in Spain I have known lots of people who let and lots who have rented. 

Practically nobody renting from a private owner,  and many going through agencies,  have had a legal contract.  Albeit that they may have an informal written agreement between the renter and the owner.  Most owner do not even know that agreements need to be  registered to be legal.

------------------------------------------------

John, my landlady does not want to give me the Empadronamiento because she is clearly not paying her taxes (hence why I don't have a rental contract). I have a Numero de Indentificación de Extranjero (NIE). Different from Residencia.

You are working in Spain thus you are living here, that means you are required to be registered on EU Citizens Register.  So don’t complain too much about your landlady not being legal  You are not either.

And now you want to register on the Padron as a person living in Spain ! 

There is no link or exchange of information between the town hall and the tax office, so that is not a problem for your landlady.

It is not your landlady who ‘gives you the Padron’  it is the town hall who put you on the  Padron (the register of people living in the town).  You do not need any intervention your landlady to register on the Padron.  Just to be able to prove you live in town.

I'm from the UK and I have a NIE and social security number in Spain, therefore I am perfectly 'legal'. So yes, of course I now want to register on the Padron.

It seems like my landlady doesn't want the authorities to know that she has 5 tenants. We each pay her cash and none of us have a legal, official rental contract.

I think you've misunderstood my initial question. I do not have a legal rental contract; as you said, many renters don't in Spain. Without this document, the only way I can prove I am a resident here is if my landlady comes with me to confirm that I am living with her. She takes care of all the bills, and so I do not have any 'official' proof of my residence here.

rtrow  Please see my PM to you

2 Suggestions

1. Move house

2. Simpoly put your address on the padron and let them investigate. Explain your situation