Quite frequently we have consultations with client homeowners who have rented their properties using standard contracts that they have acquired for themselves or through an intermediary. When including the tenants’ details, they often pay little attention to details especially regarding tenant contact details so as to be able to send them important notifications in the future, perhaps about late or non-payment of rent when they are occupying the property. Continue reading “HOW TO ENSURE AN EFFECTIVE EVICTION”
MUNICIPAL PLUSVALIA: 6 REASONS TO CANCEL THIS LOCAL AUTHORITY TAX
It is a common occurrence that someone sells a property and a few months later receives a large bill for this tax. Sometimes, the amount of this tax is retained by the buyers and withheld for them to make the payment later, especially in those cases where the seller is a non-resident of Spain. Now, a recent Supreme Court ruling 1689/2020 of 9 December has declared this municipal tax null and void when the tax due wholly matches the increase in value of the land.
NEW RENTAL MEASURES
Royal Decree 35/2020 & 37/2020 of 22 December 2020
The government recently published a package of measures relating to rentals to deal with the crisis caused by the Covid outbreak, and following is a summary of some of the most relevant:
Suspension of evictions and other repossession procedures
In respect of eviction procedures for non-payment of rent and/or expiry of the lease period, the tenant has the possibility of requesting the suspension of the procedure. The suspension must be requested and will not be agreed upon ex officio by the Court. The suspension will last for the duration of the state of alarm and any extensions.
Continue reading “NEW RENTAL MEASURES”COVID CLAUSE IN RENTAL CONTRACTS
The pandemic we are still suffering has brought changes in all sectors, including property. So, faced with the fear of a new lockdown, some estate agents and landlords have not hesitated to include the new concept of a ‘COVID clause’ in their contracts. Continue reading “COVID CLAUSE IN RENTAL CONTRACTS”
E-MAILS CAN BE USED AS EVIDENCE IN LEGAL ACTION
It is increasingly the case that legal disputes are grounded in private email correspondence between the parties.
This type of private correspondence creates serious problems in court cases since, in many instances, it just consists of printouts of digital communication which, once the case has started, can easily be contested by the party whose case it harms because it lacks an authenticated signature, verifiable date, or digital certification of the email’s contents.
On 23 July 2020, however, the Spanish Supreme Court ruled that emails can be regarded as a wholly valid and probative form of evidence, so that henceforth they may be presented as private documentary evidence in any legal proceeding as long as, in my opinion, they possess the following requisite guarantees of authenticity: Continue reading “E-MAILS CAN BE USED AS EVIDENCE IN LEGAL ACTION”