July 22, 2013 at 10:07 pm #57705
I am writing about a friend of mine who decided to sell his property this year for personal financial reasons and he informed his tenant about his plans in March this year. The tenancy hadn’t been renewed after the first 11 month contract ended in 2012 but both parties appeared happy with this less formal arrangement.
The owner advised the tenant that should he find a buyer he would allow them a 3 month period to find another property. The owner found a buyer in June and advised the buyer that completion could take until the end of September which is 7 months since he informed the tenants. The tenants wrote to the owner recently saying they taken legal advice and they had been advised that they could remain residents for up to 3 years under current tenancy law and didn’t want to move until they were ready!
I was reading the Mark Stucklin article this month about recent changes to the Landlord/Tenant Ley4/2013 law in June 2013.
I have copied a section of Mark’s article below that could be interpreted to apply to current tenancies?
[The landlord may now sell the property and the new owner may terminate the existing tenancy agreement so long as it is not lodged at the Land Registry. Before this law, the new owner was forced to respect the existing mandatory tenancy until it ended. This is a very welcome measure indeed. So for all new contracts signed after the 5th of June 2013 it would be advisable for a tenant to have their tenancy agreement lodged at the Land Registry if they want some degree of protection against the owner selling the property.
The question I have from anyone qualified to offer advice is, would this new law have any relevance to the owners responsibility to his existing tenant when he is currently trying to proceed with a sale?
I spoke with my lawyer today and was surprised that there had a been a new law so I sent him a copy of Marks article.
July 24, 2013 at 3:18 pm #117704
Hi blackberryway , I am an Spanish Lawyer based in Uk and I will try ti help you.
Under the former act (29/1994), if the owner sells the property, the new owner must maintain the contract to meet the extended deadline forced (five years, not three as tenants are saying)
And in accordance with the new law in the “First Transitional Provision”:
“The leases entered into prior to the entry into force of this Act, continue to be governed by the provisions of the legal regime was applicable to them.”
So I am sorry for your friend but think it is clear that if the contract was made before 5th of June 2013, the new owner must maintain the contract until deadline forced.
I hope it helps
July 24, 2013 at 9:12 pm #117705
Spanish laws are only for the Legal libraries and have not pratical use to help society in a useful & practical manner . It will not be impolite to think they could be used as toilet paper
July 25, 2013 at 10:32 am #117710
Hi, I think if you were the tenant you would think in different way. If you sign a contract under some specific terms, why should change the terms in benefit of the other part?
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