Landlord responsibilities

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 |

Forum home :: Latest threads :: Search forums
The Comments
24 Oct 2016 21:38 by joe.mac001 Star rating. 3 posts Send private message

Does anyone know where we stand legally? We rent a furnished apartment and the washing machine has gone on the blink. The landlords representative says i am responsible for any minor repairs up to a value of 325€ which is 50% of my rent, We have been pointed to item 8 on our spanish printed agrement which states this, but I was under the impression that the landlord is responsible for the cooker, washing machine, boiler, A/C and Fridge Freezer, Can anyone advise please ?





Like 0      
25 Oct 2016 08:53 by Tadd1966 Star rating in Los Montesinos. 1755 posts Send private message

I would hazard a guess that if item 8 does not specifically exclude electrical items as you mention then you will have to pay. Is there any other clasue talking about these goods and defining the repsonsibilities of you or the landlord

Being under the impression is probably not a good enough argument

Suggest you take legal advice if you want to argue the point especially if the contrcat is not clear

Maybe Maria on here can comment

 



_______________________
“The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”



Like 0      
27 Oct 2016 01:11 by joe.mac001 Star rating. 3 posts Send private message

Thank you for your reply, Who is Maria?





Like 0      
27 Oct 2016 10:03 by nigel188 Star rating in Estepona. 621 posts Send private message

Hi

Maria de Casto is a Community Lawyer who has offices in Cadiz. She has regular articles on this Forum regarding the Horozontal Law in Spain and contributes to questions on anything regarding Community & Property Law. She has won quite a lot of   cases on recovery of Off-Plan Deposits in the Spanish Courts lost by Expats in the Building Crisis since the Property Crash 8 years ago.



_______________________

Nigel




Like 0      
27 Oct 2016 13:14 by mariadecastro Star rating in Algeciras (Cadiz). 9298 posts Send private message


_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 2      
27 Oct 2016 14:02 by johnzx Star rating in Spain. 5241 posts Send private message

Joe good luck with clearly understanding that  ‘in English version.’ 

It appears to have been translated by an online facility. 

 It might have been better it’s original Spanish

 

Extract

Article 22.

1         The tenant is obliged to bear the carrying out of the works by the landlord which execution can not reasonably be deferred until the conclusion of the renting





Like 1      
27 Oct 2016 14:19 by Tadd1966 Star rating in Los Montesinos. 1755 posts Send private message

I think the last paragraph of article 21 of Chapter IV (English translation provided by Maria or the Spanish version)  is more appropriate and probably in line with the OP's original point referring item 8 of his rental contract

The landlords representative says i am responsible for any minor repairs up to a value of 325€ which is 50% of my rent, We have been pointed to item 8 on our spanish printed agrement which states this,

Good Luck either way



_______________________
“The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”



Like 2      
27 Oct 2016 14:40 by baz1946 Star rating. 2179 posts Send private message

Does anyone know where we stand legally? We rent a furnished apartment and the washing machine has gone on the blink. The landlords representative says i am responsible for any minor repairs up to a value of 325€ which is 50% of my rent, We have been pointed to item 8 on our spanish printed agrement which states this, but I was under the impression that the landlord is responsible for the cooker, washing machine, boiler, A/C and Fridge Freezer, Can anyone advise please ?

I rent out two house's in Spain, one short term holiday, one on a longer let, I do have something similar to your agreement but to be fair different.

As I see your agreement, and as you do say your responsible for minor repairs up to 325€, isn't it possible the repair to the washing machine might just cost a lot less then 325€, if it came to be that you needed a new washing machine perhaps a chat with the owner / representative could well get you another one. Or in the least ask the question in case the machine was nearly new and under warranty.

I can see where the boiler / air con might be replaced free of any charge under fixed items etc, sorry but unless you had a confirmed statement about the landlord being responsible for white goods you being under the impression probably wont go to far with them, some would change it many wont.

This is always difficult when a property is rented out and these white goods usually have had a fair amount of use over some years by previous tenants.





Like 3      
27 Oct 2016 19:59 by acer Star rating. 1365 posts Send private message

You really have to wonder about the logic behind a lot of Spanish agreements.  If you rent on a furnished basis why should you be responsible for the repair of an old washing machine?  Clearly the agreement was drafted by an official who had landlord's interests at heart.  Really quite absurd.

But you appear lumbered with a bill, so it probably makes sense to negotiate with the landlord and offer to pay the repair cost towards a new machine.  If he/she accepts at least you won't get another repair bill for a while.





Like 2      
28 Oct 2016 13:46 by baz1946 Star rating. 2179 posts Send private message

You really have to wonder about the logic behind a lot of Spanish agreements.  If you rent on a furnished basis why should you be responsible for the repair of an old washing machine?  Clearly the agreement was drafted by an official who had landlord's interests at heart.  Really quite absurd.

I rent out with my own agreements and wording, which are checked and passed by my Spanish solicitor these are both fair, to the point, and honest, when it comes to renting on a furnished basis its best to include everything that is classed as furnished, a bed and settee could be classed as furnished, perhaps not if the normal Spanish rental agreement is used.

Would a landlord draft an agreement to consider all the renters requests, or would it be drafted solely for the owner of the property?





Like 2      
28 Oct 2016 15:54 by acer Star rating. 1365 posts Send private message

Baz1949, In the UK landlord's do not draft their own leases as Tenants have rights and no doubt in a few years there will be complete regulation.

As a landlord I'm happy with the Assured Shorthold Tenancy (AST) wording that's almost standard in the UK.  I've used it for many years and never had anyone say it was anything than completely reasonable.  Under this the landlord is fully responsible, inter alia, for any domestic appliance provided.  IMHO the way it should be.

 





Like 1      
28 Oct 2016 16:15 by johnzx Star rating in Spain. 5241 posts Send private message

I understand that unless a contract, any contract,  is registered, not sure who with (probably Registro de la Propiedad) it is not legally enforceable.  So in effect not worth the paper it is written on.





Like 1      
28 Oct 2016 16:19 by baz1946 Star rating. 2179 posts Send private message

Acer, I have no idea of the wording of the UK rental agreements, my two house's I rent out are in Spain.





Like 0      
28 Oct 2016 16:32 by Tadd1966 Star rating in Los Montesinos. 1755 posts Send private message

As with most countries

The Spanish Civil Code stipulates that where offer and acceptance are met, there is a binding agreement. Both offer and acceptance can adopt the form of a written contract or a simple verbal agreement. However, in order to enforce a verbal agreement in a court of law you need to prove it took place, and for that purpose you will need proof by means of witnesses. Otherwise, the defaulting party might have performed actions that amount to an irrebutable presumption of the existence of that verbal agreement.



_______________________
“The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”



Like 1      
28 Oct 2016 17:26 by joe.mac001 Star rating. 3 posts Send private message

I have now had a Spanish lawyers interpretation of this contract and my landlord is responsible, It is now 8 days since I informed my landlords representatives the fault, the cost to repair ( more than my supposed responsible amount and more than a new one) and the cost of replacement and still had no reply. I have purchased a new one and will subtract the amount from my next months rent.

Thankyou to everyone who replied and helped with my post.





Like 0      
28 Oct 2016 17:29 by Tadd1966 Star rating in Los Montesinos. 1755 posts Send private message

joe.mac001

Resultsmiley

 



_______________________
“The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”



Like 1      

Pages: 1 |

Post reply    Start new thread


Previous Threads

Lawyers liability due to lack of guarantee - 7 posts
Velez Malaga Torrox and Nerja helpful info... - 0 posts
any info re costs involved with moving to spain - 14 posts
Solicitor recommendation - 14 posts
HOW CAN I PAY ENDESA - 8 posts
Do you need business or trade finance? - 0 posts
Torrox Costa/Nerja and surrounding areas - 0 posts
Dual Nationality by Origin - 3 posts
Costa Luz Lawyers. Recommendation - 0 posts
ITV - 18 posts
Modelo 210 again - Murcia - 9 posts
Warning: Actions against Banks: not that easy - 16 posts
Warning: Actions against Banks: not that easy - 0 posts
home intercom - 0 posts
Insects in bathroom - 8 posts
tv repairs - 4 posts
Can I sue a Spanish lawyer in England if they have been neglectful? - 0 posts
Plus valia tax - 1 posts
can't use the UK work van please advise... - 8 posts
Genuine Business Opportunity - 0 posts
How do you contact the Moderators ? - 6 posts
Proxy Votes - 4 posts
Fuengirola Marina Mini Market - 0 posts
Touring Caravan for Sale - Nerja Area - 1 posts
La Llacuna / Villalonga / Valencia - 2 posts

Number of posts in this thread: 16

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 |
Our Weekly Email Digest
Name:  
Email:
   


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x