It is in the centre of Puerto del Rosario, Fuerteventura. 1 bedroom, jacuzzi shower, in excellent condition. 70,000€.

If you would like further information – you can contact Shona via email on shonaghmcginn@yahoo.es

Whilst we can say goodbye to the giddy heights of 100% plus mortgages there are still some good rates and more importantly options available.

With property prices at amazingly low prices all over Spain people are discovering that they can still secure that property in the sun. The banks are still lending albeit cautiously.

The negatives.

Restrictions on lending to the Self Employed, along with those employed in Building trades, Investment Banking and Property. These groups are not disregarded totally but will face more scrutiny than before.

Properties that are harder to mortgage include Rustic Hotels, and Apart hotels, there are lenders but only a small selection.

Income to debt ratios are now more stringent and need to be 30% to 35% (a decrease of 5%).

The positives.

The current best on offer for non residents-

80% of purchase price if valuation allows. (But will not exceed 70% of valuation)

Best rates at 70% including interest only facility  – 12 month Euribor plus 1.39%
Best rate 70% repayment  – 12 month Euribor plus 1.15%

One lender is offering full term interest only but rates are higher at 1.8% above 3 month Euribor and 65% of purchase price is the maximum.

The majority of lenders are offering -

65% to 70% of Valuation or Purchase Price whichever is lowest.
Up to five years interest only

Euribor is at its all time lowest as of today –

12 month Euribor 1.85% today
3-month Euribor 1.81%
Monthly Euribor 1.12% this month

Documentation required for an application –

• Credit file in full www.creditexpert.co.uk
• 3 to 24 months bank statements
• Latest tax return P60 or self-assessment
• Accountants or employers reference
• 3 months pay slips
• Utility bill proving residency
• Passport
• NIE certificate

For a full overview and more information regarding what is available on a case by case basis or for residents please contact me on nic@rhlanz.com

This information is accurate at time of writing, and all applications are subject to status

Following here are some standard terms of a rental agreement in Spain, kindly provided by Nicola from RH Lanz. Thanks Nic!

Standard Terms contained in a rental agreement.
This is written as a simple overview and one should never presume that all contracts say the same. But most of the points contained below are found in a standard rental agreement.

It is always advisable that you request a contract that has the clauses translated or that you ask someone to translate the document before you sign. Many people are flippant about these agreements but they are legally binding and should be treated with the seriousness they deserve.

The following descriptions are not necessarily what the tenant may be presented with, and all of the usual areas covered below may be modified.

Every Contract must contain the following -

* Details of landlord and tenant.
* Description of the property
* Full name and DNI, NIE or Passport number. (Should be accompanied by a copy of photo I D of the tenant)
* The contract term
* Rental cost each month and how this will be paid.

The contract will then go on to outline the responsibilities and terms of the agreement.

Property for sale.
If the property is for sale then usually a clause will be included stating this intention and also outlining the tenants right to first refusal, the tenant must make the property available for viewings, usually a 24 hour notice minimum must be given. If an offer is made on the property the tenants have the right to match this offer and purchase themselves.

If you are renting on a long term basis then the new owner is obligated to keep the tenancy in place, unless specified otherwise in the agreement, some may offer an amount as compensation should the property be sold and the tenant is asked to leave.

Distinction between Long and Short term contracts
This is an important difference and it’s crucial that you understand the differences.

Short term contracts mean the tenant must vacate the property at the end of the term; the term can be up to one year. This type of lease is the norm for holiday lettings.

Long term contracts are for a term of one year plus, the lease is automatically renewed unless the tenant gives notice or the landlord specifies in the contract that he needs the property back at some point, this must be written in the agreement though. Otherwise provided the terms are met the tenant may stay for five years. This can be renewed again after the initial five year term.

Deposits.
Usually one month’s rent, the contract serves as receipt of this payment and you will not usually receive your agreement unless you have paid this amount. Te deposit is returned to the tenant when they vacate providing the terms have been met. You may not use the deposit as rent under any circumstance.

Rent.
Usually the tenant is allowed between five and seven days to pay the rent each month, usually between the 1st day of the calendar month and the 7th. The contract ought to state where the rent is to be paid and how, usually a bank account will be provided.

The rent can be increased in line with inflation, some contracts include this clause others do not, many landlords do not ask for these price increases until a contract is renewed or re negotiated though.

Bills and Expenses
In most cases the landlord is responsible for the property taxes and rates (community fees and rubbish collection etc). The tenant must pay the water and electricity and phone if one is provided. This can differ and its essential that the clauses are agreed beforehand and included in the contract.

Maintenance.
As a general rule, the landlord is required to make sure the house is fit for habitation and must maintain the property; tenants are responsible for minor wear and tear and any breakages.
Major works are not permitted unless the landlord agrees this with the tenant prior to anything being carried out. Sometimes people will have specific works agreed that they will carry out in exchange for a lower rent perhaps and these must be listed and agreed with the owner a formal document or inclusion in the contracts is strongly advisable.

Sub Letting.
Not usually allowed unless stated otherwise.

Ways that a contract can be rescinded
If the tenant breaches any of the clauses, i.e. –

Causes major damage to the property
Causes problems to the neighbours
Undertakes work without permission
Sub lets without permission.

If the landlord –
Allows the property to become uninhabitable and does not carry out necessary repairs.

In the main tenancies run smoothly provided a good line of communication is in place between the landlord and tenant, if language is a problem then ask for help, if you use an agent then ask them to assist. The common goal after all for both parties is to have a quiet and happy tenancy! But a good starting point is to understand and agree the responsibilities on both parts.

Firstly – always go and speak to your bank first. The sooner they know of the situation… the more likely they are to be able to help – and may be able to enable you keeping your home.

1. Mortgage Arrears
If you fall behind on your mortgage repayments, your bank has the right to add “interés de demora”, which is extra interest on top of your mortgage loan.  At this point, the bank will contact you and certainly try to come to an amicable arrangement

2. 90 days later
90 days  from your first missed mortgage payment, your details will be handed over to the debt collection department of the bank.  When this happens, the “Bank of Spain” is informed – and this can affect your bank’s own standing and share prices. So they obviously try to avoid getting to this point at all costs. You will find that the debt collection department in your bank will step it up a notch to try to come to an agreement with you.

3. Notification
If your bank’s debt collection department decide that getting the money from you is unlikely or going to be too much effort, then you will be officially informed by a Notary that your case is going to court. This generally a two to four weeks after that initial 90 day period.

4. The repossession order
A judge can then re-appraise your property value, and decide when your property can go to public auction

5. The Auction
This takes a bit longer – and in some cases up to a year… and if nobody buys your property at the auction, then the bank can take it for 50% of its value. If this is not enough to cover your outstanding debt, then you are still liable to repay the balance. You will also be liable for the court fees, and the transfer tax. This can add up to a lot of money as you can imagine.

6. Eviction
This can take an additional six months – at which point the police arrive to remove you from the premises and change the locks. However, if you have children living in the house, this is certainly taken into consideration.

We strongly advise that you speak to your bank as soon as possible if you are having difficulties in meeting your monthly mortgage repayments. The earlier they know… the earlier they can help!

Actions such as these can leave you wide open open to prosecution which can often result in a hefty court bill – and even compensation to the ar*eholes who weren’t paying their rent in the first place. So what can you do?

Spanish law is very much biased towards the tenants, and although the sytems are improving, and changes in Spanish Law have taken this into account  – it can still take as long as 18 months to remove them from your property. A really long time… especially if you’re struggling to pay the bills… and can even involve your home being repossessed if you can’t make the mortgage payments.

Help! What can I do?!
First of all – you should jump into action as quickly as possible.  Send your non-paying tenant a registered letter, asking for payment of owed rent, and giving a reasonable timeframe within which they need to pay up. Normally a couple of weeks should be sufficient. Your asesoria or lawyer should be able to take care of this for you for a nominal fee.

Don’t go changing the locks or trying to remove the tenants physically. The Spanish Authorities take this extremely seriously, and those actions are considered coercive (delito de coacciones) and even unlawful entry (delito de allanamiento de morada), despite you being the legal property owner. Both of these acts are punishable under the Spanish Penal Code.  Not what you want!

If you try to cut off the utility supplies, either by cancelling all the water and electric, or by not paying the bills), he may also be prosecuted because this is also classed as coercion. It is the property itself which is responsible for the debts… so ultimately – that’s you!

In addition to this, the landlord may be breaching the terms of his own rental agreement if he has said utilities are included, and this can weaken his case before a court as it progresses.

OK… well I gave them 2 weeks… and still no money… what now?
Unfortunately, if the above hasn’t worked for you – then you will have to prepare for a few more bills and start the eviction process (judicio de desahucio). Make sure you get a lawyer involved with this. They know the system inside out, and are worth every euro. Be prepared for a long wait though – as this can be a very lengthy process as the law stands at this moment in time.

This process requires not only your lawyer, but also a “procurador”, who is completely separate and not employed at a law form. Under Spanish legislation – this person must be used. They act as a go between.

How much? Costs will obviously vary, but a lawyer will charge between €1500 – €1800, and the procurador would charge between €700 and €1000. Don’t forget the other bills afterwards such as redecorating, lock changes etc.

Delay tactics… grrrr!
Yes, because the courts are so in favour of the tenant – a number of delay tactics can be applied by the very person you are trying to evict. Once the process is underway – do not accept any money from the tenant directly in lieu of payment. Refer them to your lawyer instead (that’s what you’re paying them for)… or they can claim that they have been paying at least something in the meantime. The tenant could ask for an “enervación”, which is where you are forced to give them one opportunity to pay up before the judgment.  Even if you refuse to take that payment the tenant can still pay it at the court and you will be forced to extend the rental agreement. This nullifies the legal action taken. This is a one time offer though – should the tenant still not pay, then the eviction can continue

Once the judge makes a ruling in your favour, the court will issue the eviction order . The police will go to your property, and physically remove the tenant and their possessions. Bring a comfy seat and enjoy the view! You are then free to enter your property and rent it out again. Be prepared though before you enter your property… as disgruntled tenants have often been known to cause a lot of damage before leaving.

Stay legal… stay safe!

Tel/Fax: 966 426 090 / e-Mail
Copyright © 2005 Benjamin Ritter von Linprun Architect All Rights Reserved