An elderly woman, MariCarmen, 87 years old and with a 50% disability, was evicted from her home of 70 years by her new landlords who bought the property along with her tenancy.
This was MariCarmen’s family home and when her parents died the tenancy should have automatically changed to her, as the daughter. But under Franco women did not have the right to inherit property or tenancies, consequently, under the current law she had no legal tenancy and the landlords sought and secured an order to evict her.
MariCarment was forceabley removed from her home. She was admitted to hospital where she died yesterday.
This case has shocked the general public, but is by no means unique in Spain where many tenants face eviction without any protection.It has heralded street demonstrations, protest camps in many Spanish cities and will be one of the motives for a National Strike on November 11.
The Government rapidly moved to try and rectify this situation and introduce protection for tenants whose homes are bought up by speculaters, but the three right wing parties in Congress, PP. Vox and Junts (Catalan nationalists) voted the measure down.
Pedro Sanchez then called national elections on November 29. In the meantime his government has introduced a decree, that is in vigor from today, although it must be subject to a future vote in the Permanent Deputation of Congress, (which sits as an alternative to Congress for emergency measures when the Congress has been dissolved, as when elections are called).
The new law aims to put a brake on speculation in the housing market and until December 31, 2030 societies, funds, businesses and other entities who buy properties or unpaid mortages and large property owners will be limited in their ability to purchase properties at less than 70 percent of their market value, a value set by an independent entity.
The law also suspends evictions of vulnerable people and provides protection for tenants .
Until December 31, 2030, when the landlord is an entidad dedicated to purchasing properties or unpaid mortages for an inferior price than the market value the Tribunal will suspend the eviction if the occupant is vulnerable and does not have an alternative residence.
In case of non payment of rent the competent regional authority must offer alternative accomodation and pay the rent for two months to avoid eviction.
These measures are largely in line with the law in most European countries and the UK.
The Government is also seeking approval for a law that freezes rents for a period of two years.
There is no doubt the General Election in November will be a referendum on the housing crisis in Spain. There is not enough public housing (council housing) in Spain and many of the public properties in the big cities have been bought up by speculators.
In Spain it is also common for young people to remain living in their parents house until they are in their 30’s because salaries don´t stretch to high rents or property purchase.
If the two new decrees are approved some changes will be made immediately, (including help for young people to access the housing market) others will have to wait until the General Election is over and a new Government formed.
Editors Note:
The changes in the two decrees generally will not affect small property owners. They are aimed to stop speculation on the housing market. However, if you are an owner of multiple properties you are advised to take specialist legal advice if you think the changes may affect you.
This article only summarizes some of the changes in the new laws.
There are organisations better qualified than Nexonr to advise on all the changes proposed, such as the Citizens Advice Bureau, Spain.
