# Changing Address Padron Problems



## chris&vicky (Feb 6, 2013)

When I came to Spain just over 2 years ago I wanted to do everything correctly so thought I should register with the council where I lived. This actually turned out to be a very good idea as when my temporary health S1 form cover run out I was able to buy into the Spanish state health a requirement being you must be registered for at least one year. I had to move from my last rental after the owner made up a story that the house was needed back for a family member. After I left he realised I had registered at his house and he wanted me off, fair enough. I went to the council to register at the new address and they said I had to show them them the owners IBI apparently a new requirement. Now the new owner is refusing to give me the IBI unless I agree to changing something in the contract, which I don't want to do. Apart from being rather angry that somebody is trying to manipulate me I am not sure what to do next as you can't deregister without registering somewhere else.


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## xabiaxica (Jun 23, 2009)

chris&vicky said:


> When I came to Spain just over 2 years ago I wanted to do everything correctly so thought I should register with the council where I lived. This actually turned out to be a very good idea as when my temporary health S1 form cover run out I was able to buy into the Spanish state health a requirement being you must be registered for at least one year. I had to move from my last rental after the owner made up a story that the house was needed back for a family member. After I left he realised I had registered at his house and he wanted me off, fair enough. I went to the council to register at the new address and they said I had to show them them the owners IBI apparently a new requirement. Now the new owner is refusing to give me the IBI unless I agree to changing something in the contract, which I don't want to do. Apart from being rather angry that somebody is trying to manipulate me I am not sure what to do next as you can't deregister without registering somewhere else.


I hadn't heard of the new requirement for the owner's IBI bill - though I suppose it proves that they own the property?

I'll ask a friend who works on the foreigners' help desk here if she knows about it .

IMO since you already have a signed contract, the owner can't expect you to change something because the ayto is asking for their IBI. 

I suspect they aren't declaring the income. At my last rental, the owner wasn't happy when he discovered that we were on the padrón, & that I also declared the rent on my tax return. He said he'd have charged a higher rent if he'd known........


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## xabiaxica (Jun 23, 2009)

I've heard back from my friend. 

In Jávea, tenants only need the current contract, in Spanish & a valid passport. A tenant isn't asked for IBI or any other kind of bill. 

Owners Can use the IBI bill, utility bill etc. for proof of address. 

So it isn't a national requirement, and all towns are _supposed to_ follow the same rules.......


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## AllHeart (Nov 22, 2013)

I see you're in Malaga, Chris & Vicky. I didn't have to show my IBI when getting on the padron in Malaga 1-1/2 years ago.

But I found the requirements of IBI for padron here:

Trámites y Servicios - Bienvenido a la web de Málaga 24h

Under the PDF document "documentacion necesaria" for getting the empadronamiento, on Page 3 it talks about the IBI requirement. I don't quite understand it, though. Xabiachica, perhaps you can translate?
_
"*Documentación acreditativa del domicilio*
a) Si la vivienda es propiedad de alguno de los que se inscriben deberán
aportar alguno de los siguientes documentos:
-Escritura de propiedad de la vivienda, nota actualizada del registro de la
propiedad, recibo del IBI a nombre de uno de los que se empadronan.
-Contrato de una compañía de suministro (luz, agua, o gas natural) en el
que figure como titular y la vivienda objeto del empadronamiento como
dirección de suministro. Si el contrato no es actual, deberá presentar una
factura reciente."_

I think it's saying if one of the people going on the padron is the owner of the apt, they need to show the IBI or a utility contract, which does not apply to you.


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## xabiaxica (Jun 23, 2009)

AllHeart said:


> I see you're in Malaga, Chris & Vicky. I didn't have to show my IBI when getting on the padron in Malaga 1-1/2 years ago.
> 
> But I found the requirements of IBI for padron here:
> 
> ...


That's the same as for Jávea .

As you thought, it says that the owner of a property can use escritura, IBI bill or utility bill .

A tenant isn't likely to have access to many, if any of those. In over 12 years renting we've never had the utilities in our name - they always stay in the owner's name.


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## xabiaxica (Jun 23, 2009)

I see it also says


> ) Si la vivienda es alquilada:
>  Contrato de arrendamiento en vigor.
>  Fotocopia del DNI del arrendador si es una persona física, o del CIF, si el
> arrendador es una persona jurídica, ambos en vigor.
> ...


Which in a nutshell says that if you are renting you need current rental contract & ID such as passport etc.


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## AllHeart (Nov 22, 2013)

So the person at City Hall can't ask for the IBI - only if they are owners. So Chris & Vicky don't need the IBI then, right?


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## Lynn R (Feb 21, 2014)

xabiachica said:


> I see it also says
> 
> Which in a nutshell says that if you are renting you need current rental contract & ID such as passport etc.


But the second point also says that you need to supply a copy of the DNI of the person you are renting from, or the CIF if you are renting from a company, doesn't it?


 Fotocopia del DNI del arrendador si es una persona física, o del CIF, si el
arrendador es una persona jurídica, ambos en vigor.


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## xabiaxica (Jun 23, 2009)

AllHeart said:


> So the person at City Hall can't ask for the IBI - only if they are owners. So Chris & Vicky don't need the IBI then, right?


That's right. The IBI bill is only an option for an owner in any case - not a requirement



Lynn R said:


> But the second point also says that you need to supply a copy of the DNI of the person you are renting from, or the CIF if you are renting from a company, doesn't it?
> 
> 
>  Fotocopia del DNI del arrendador si es una persona física, o del CIF, si el
> arrendador es una persona jurídica, ambos en vigor.


Missed that bit. They aren't asking for that here. Maybe because it will be on the contract :confused2:


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## AllHeart (Nov 22, 2013)

Lynn R said:


> But the second point also says that you need to supply a copy of the DNI of the person you are renting from, or the CIF if you are renting from a company, doesn't it?
> 
> 
>  Fotocopia del DNI del arrendador si es una persona física, o del CIF, si el
> arrendador es una persona jurídica, ambos en vigor.


I had to provide a copy of my landlord's DNI, but I thought that was because I didn't have my DNI yet. You need to show your DNI for the padron, but you need your padron to get your first DNI. At that point, all I had for ID was my Spanish passport and Spanish citizenship. So my landlord vouched for me using his DNI.


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## xabiaxica (Jun 23, 2009)

AllHeart said:


> I had to provide a copy of my landlord's DNI, but I thought that was because I didn't have my DNI yet. You need to show your DNI for the padron, but you need your padron to get your first DNI. At that point, all I had for ID was my Spanish passport and Spanish citizenship. So my landlord vouched for me using his DNI.


You should have been able to use your passport for ID - well I guess that you did 

It does seem that Málaga wants a copy of the landlord's NIE/CIF/DNI though, according to their online documentation

not the IBI though


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## chris&vicky (Feb 6, 2013)

xabiachica said:


> I hadn't heard of the new requirement for the owner's IBI bill - though I suppose it proves that they own the property?
> 
> I'll ask a friend who works on the foreigners' help desk here if she knows about it .
> 
> ...


I had the same issues as you with my previous landlord he was not happy when he discovered I was intending to declear on my tax return. I suspected he did not declare but never knew for sure. I didn't want to get him in trouble so told him first my intention then he reduced my rent if I did not declare. Then at the end of the contract he came up with a story that he urgently needed the property back for a family member to get out lol. Now he has discovered I am registered at the house so contacted me. Very strangely no sign of any family members at the house when I went recently to get a letter 

I think my landlord at my new house is declaring for tax as he allows me to pay him by bank transfer, if he is not he is being rather stupid in doing that. With regard the IBI he is just being bloody minded as they want to set up all their electricity with my bank details. I am not happy about that and would not have agreed to it in the contract particularly as the owners spend some in an attached property using the same meter. The contract clearly says that they give me the bill and I pay into a bank account shown on the contract my proportion of the bill.


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## JulyB (Jul 18, 2011)

I changed my padrón today in Madrid and needed my passport, NIE and an electricity bill, for anyone wondering what you need here. I could have swapped the rental contract for the bill, but the bill was to hand! Took five minutes.


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## AllHeart (Nov 22, 2013)

xabiachica said:


> You should have been able to use your passport for ID - well I guess that you did
> 
> It does seem that Málaga wants a copy of the landlord's NIE/CIF/DNI though, according to their online documentation
> 
> not the IBI though


If you look at the top, you see for Spanish nationals you need a DNI. So I see my landlord's DNI served two purposes then. I had read somewhere before coming to Spain, that if you don't have a DNI/NIE yet someone already on the padron can vouch for your identity - it doesn't have to be your landlord.


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## xabiaxica (Jun 23, 2009)

AllHeart said:


> If you look at the top, you see for Spanish nationals you need a DNI. So I see my landlord's DNI served two purposes then. I had read somewhere before coming to Spain, that if you don't have a DNI/NIE yet someone already on the padron can vouch for your identity - it doesn't have to be your landlord.


You don't need anyone to vouch for your identity to get NIE or register as resident 

Did you not need your passport?


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## AllHeart (Nov 22, 2013)

chris&vicky said:


> I think my landlord at my new house is declaring for tax as he allows me to pay him by bank transfer, if he is not he is being rather stupid in doing that. With regard the IBI he is just being bloody minded as they want to set up all their electricity with my bank details. I am not happy about that and would not have agreed to it in the contract particularly as the owners spend some in an attached property using the same meter. The contract clearly says that they give me the bill and I pay into a bank account shown on the contract my proportion of the bill.


But what we're telling you is that you don't have to show the IBI for your empadronamiento. So the landlord can't ask you to change your contract if he gives you the IBI, since you don't the IBI.


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## AllHeart (Nov 22, 2013)

xabiachica said:


> You don't need anyone to vouch for your identity to get NIE or register as resident
> 
> Did you not need your passport?


Yes you do. Look at the top of the document here, where you have to show ID:

"_*Documento que acredite la identidad de las personas que se inscriben:*

-*Españoles*: DNI (obligatorio para mayores de 14 años). Libro de Familia o
Certificado de nacimiento para menores de 14 años que no dispongan de DNI.

-*Extranjeros *(mayores de edad, menores nacidos en el extranjero y menores
nacidos en España con más de 3 meses):

-Ciudadanos de Estados miembros de la Unión Europea, Islandia, Liechtenstein, Noruega y Suiza: Certificado de Registro de Ciudadano de la Unión, en el que consta el Número de Identidad de Extranjero (NIE), junto con el documento acreditativo de la identidad o pasaporte expedido por las autoridades de su país.​
-Resto: Tarjeta de identidad de extranjero expedida por las autoridades españolas, en la que consta el Número de Identidad de Extranjero (NIE) o, en su defecto, pasaporte expedido por las autoridades de su país.​_"

If you don't have your DNI or NIE yet, someone has to vouch for you.


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## xabiaxica (Jun 23, 2009)

JulyB said:


> I changed my padrón today in Madrid and needed my passport, NIE and an electricity bill, for anyone wondering what you need here. I could have swapped the rental contract for the bill, but the bill was to hand! Took five minutes.


It sounds as if Málaga is awkward.

Not as awkward as Dénia, which is just over the mountain from us. 

They expect tenants (and owners - but it's harder for tenants) to have utility bills, a contract _and _a receipt for last rental payment 

Difficult for a tenant if you've just moved over here!


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## chris&vicky (Feb 6, 2013)

Thanks guys for all your replies although still a little confused and need to read though all this stuff a bit more I guess. 

Just to clarify though about 2 years ago I had no problems registering at my last house I did not need a copy of the IBI from the owner. Then after the move at the same council and I think the same lady she was adamant the rules have changed and I know need a copy of the IBI bill.


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## xabiaxica (Jun 23, 2009)

AllHeart said:


> Yes you do. Look at the top of the document here, where you have to show ID:
> 
> "_*Documento que acredite la identidad de las personas que se inscriben:*
> 
> ...


I mean you personally, when you went! 

You seemed to imply that your landlord's DNI served purpose for your ID.....


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## chris&vicky (Feb 6, 2013)

JulyB said:


> I changed my padrón today in Madrid and needed my passport, NIE and an electricity bill, for anyone wondering what you need here. I could have swapped the rental contract for the bill, but the bill was to hand! Took five minutes.


That's a possible solution then I could move to Madrid


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## AllHeart (Nov 22, 2013)

xabiachica said:


> I mean you personally, when you went!
> 
> You seemed to imply that your landlord's DNI served purpose for your ID.....


Yes, he vouched for me personally. My passport and citizenship weren't sufficient ID, because as you can see in the document it is obligatory for Spaniards to show their DNI to get on the padron. But I needed the padron to get my DNI because it was the first time I had a DNI. Does that make more sense?


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## chris&vicky (Feb 6, 2013)

So in conclusion I read all this as I either need a copy IBI bill or the owners NIE plus written authorisation from the owner. 

So basically I am stuffed!

Seems like a crazy situation that Malaga refuse to acknowledge that I have moved even when I and my previous landlord tells them.


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## xabiaxica (Jun 23, 2009)

AllHeart said:


> Yes, he vouched for me personally. My passport and citizenship weren't sufficient ID, because as you can see in the document it is obligatory for Spaniards to show their DNI to get on the padron. But I needed the padron to get my DNI because it was the first time I had a DNI. Does that make more sense?


Sort of. I thought you'd have still had your Canadian passport & could have used that for ID.


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## xabiaxica (Jun 23, 2009)

chris&vicky said:


> So in conclusion I read all this as I either need a copy IBI bill or the owners NIE plus written authorisation from the owner.
> 
> So basically I am stuffed!
> 
> Seems like a crazy situation that Malaga refuse to acknowledge that I have moved even when I and my previous landlord tells them.


You don't need a copy of the IBI - at all.

Apparently you do need a copy of the owner's DNI - the authorisation isn't needed because you have a contract. 

You also, it seems, need your green _Certificado de Registro de Ciudadano de la Unión_ as well as your passport.


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## AllHeart (Nov 22, 2013)

xabiachica said:


> Sort of. I thought you'd have still had your Canadian passport & could have used that for ID.


No, my Canadian passport is of no use to me here. I'm here under my Spanish passport. If I were here as a Canadian, I would have to use an NIE and passport for the padron, as it says in that last section that I quoted.

To get my DNI, I needed to use my Spanish passport, Spanish citizenship, birth certificate letter from the Spanish Embassy and my padron, amongst other requirements.


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## chris&vicky (Feb 6, 2013)

xabiachica said:


> You don't need a copy of the IBI - at all.
> 
> Apparently you do need a copy of the owner's DNI - the authorisation isn't needed because you have a contract.
> 
> You also, it seems, need your green _Certificado de Registro de Ciudadano de la Unión_ as well as your passport.


From what my partner read in the link above (as she is Spanish) I need copies of either the IBI or DNI but either way it does not really change the situation. 

I will speak to the agent maybe I can just get out of this contract altogether although I am yet to find a landlord that sticks to contracts and the laws in Spain but I have only had two


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## xabiaxica (Jun 23, 2009)

chris&vicky said:


> From what my partner read in the link above (as she is Spanish) I need copies of either the IBI or DNI but either way it does not really change the situation.
> 
> I will speak to the agent maybe I can just get out of this contract altogether although I am yet to find a landlord that sticks to contracts and the laws in Spain but I have only had two


I really can't see where it says IBI anywhere for tenants. You might have more luck getting a copy if the landlord's DNI if he's wanting you to take over the utilities



> Si la vivienda es alquilada:
>  Contrato de arrendamiento en vigor.
>  Fotocopia del DNI del arrendador si es una persona física, o del CIF, si el
> arrendador es una persona jurídica, ambos en vigor.
> ...



It says Contract, photocopy of the landlord's DNI or CIF, and authorisation from the tenant if the person going on the padrón isn't the actual tenant.

My adult daughter came with me to register when we moved, the contract is in my name, not hers. I couldn't register her, but I could register her younger sister.


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## chris&vicky (Feb 6, 2013)

xabiachica said:


> I really can't see where it says IBI anywhere for tenants. You might have more luck getting a copy if the landlord's DNI if he's wanting you to take over the utilities
> 
> 
> 
> ...


I say the IBI because the council told me they need and were very clear about it saying the rules changed this/last year. My partner says she read I need IBI or DNI. I will ask her to show me exactly where she read this.

It does not really change anything because the owner is not giving me the IBI to stop me registering unless I take over the utilities, as apposed to what was agreed in the contract. For the same reason they will not give me a copy of the DNI. If I agree to their demands they will give me what I want.

I am not prepared to take over the utilities as the owner is spending more and more time here with his family in an attached house using the same electricity despite him telling me he would only be at the house for 2 or 3 days a year! I want to stick to the contract that puts me in control of what I pay.


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## xabiaxica (Jun 23, 2009)

chris&vicky said:


> I say the IBI because the council told me they need and were very clear about it saying the rules changed this/last year. My partner says she read I need IBI or DNI. I will ask her to show me exactly where she read this.
> 
> It does not really change anything because the owner is not giving me the IBI to stop me registering unless I take over the utilities, as apposed to what was agreed in the contract. For the same reason they will not give me a copy of the DNI. If I agree to their demands they will give me what I want.
> 
> I am not prepared to take over the utilities as the owner is spending more and more time here with his family in an attached house using the same electricity despite him telling me he would only be at the house for 2 or 3 days a year! I want to stick to the contract that puts me in control of what I pay.


Let us know how you get on. You could try printing off the sheet from their own website? That often works! 

Or as you say - move on


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## chris&vicky (Feb 6, 2013)

xabiachica said:


> Let us know how you get on. You could try printing off the sheet from their own website? That often works!
> 
> Or as you say - move on


Thank you for your help. 

You are corrrct it clearly does say on the website what I need, and that does not include the IBI. 

I have no idea why the council were so insistent on that but not much point trying to convince them otherwise unless the owner is prepared to give me the DNI.


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## chris&vicky (Feb 6, 2013)

xabiachica said:


> Let us know how you get on. You could try printing off the sheet from their own website? That often works!
> 
> Or as you say - move on


After the latest conversation with the owner things no better despite the agents intervention. I have now been informed the family are returning again next month (only just left) then returning again for the whole of August. 

This basically writes off the garden and pool area that was promised for my sole use (although not in the contract). It would just be taken over by their kids. I am a very private person this is not what I signed up for.

They still refuse to let me register at the property which may have implications on my state health care as I could end up being registered nowhere.

Anyway I have had enough and want away but only 5 months into this contract. I owe bills less than the value of the bond so was thinking of just doing a midnight flit.

Would there be any legal implications if I did that? I don't think this contract they gave me is legal anyway it has not been registered anywhere it was just something that they typed up themselves.


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## xabiaxica (Jun 23, 2009)

chris&vicky said:


> After the latest conversation with the owner things no better despite the agents intervention. I have now been informed the family are returning again next month (only just left) then returning again for the whole of August.
> 
> This basically writes off the garden and pool area that was promised for my sole use (although not in the contract). It would just be taken over by their kids. I am a very private person this is not what I signed up for.
> 
> ...


A contract doesn't have to be registered anywhere to be legal.

However - you have a legal right & responsibility to register on the padrón, & they are preventing this - so I'd say that gives you good reason to say that the property isn't fit for the purpose of you living there. You should get your deposit back.

If the agent won't help, go to OMIC & explain the problem. They will mediate & hopefully make the owner see sense.

If you do 'do a flit', IMO it's unlikely to cause you any future legal issues, since it's pretty obvious that they aren't declaring the income, if they are preventing you from registering on the padrón.


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## chris&vicky (Feb 6, 2013)

xabiachica said:


> A contract doesn't have to be registered anywhere to be legal.
> 
> However - you have a legal right & responsibility to register on the padrón, & they are preventing this - so I'd say that gives you good reason to say that the property isn't fit for the purpose of you living there. You should get your deposit back.
> 
> ...


I actually think they do declare but only based on the fact they ask me to pay my rent directly into their bank which I do.

Although I am not happy that they prevent me from registering on Padron my biggest gripe and reason to leave is really that they have gone back on their word saying I had sole use of the garden and pool, this is how it was advertised this is what the rent was based on, this is what I signed for.

Is it a legal right to register to register on the Padron? I read elsewhere it was not obligatory.

Also what is your interpretation of the law re leaving a contract early? I read this "If you do have to leave before the mandatory period, the law now states the penalty for leaving the flat before the mandatory minimum period is one month rent per mandatory year of the contract not completed." 

I assume mandatory period is the length of my contract being 12 months and there will be about 6 months not completed.


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## snikpoh (Nov 19, 2007)

chris&vicky said:


> I actually think they do declare but only based on the fact they ask me to pay my rent directly into their bank which I do.
> 
> Although I am not happy that they prevent me from registering on Padron my biggest gripe and reason to leave is really that they have gone back on their word saying I had sole use of the garden and pool, this is how it was advertised this is what the rent was based on, this is what I signed for.
> 
> ...


Even though it's not in the contract, they have morally broken it so you should be able to leave at any time - just don't expect your deposit back.

Regarding the padron, all you need is the contract surely (and this should state the owners NIE) - that's what our tenants do.


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## chris&vicky (Feb 6, 2013)

snikpoh said:


> Regarding the padron, all you need is the contract surely (and this should state the owners NIE) - that's what our tenants do.


Unfortunately not the case in Malaga, yes this was previously, but they changed the rules and now need a physical copy of DNI although they claim they want copy of IBI bill. Just off to council armed with their own rules to clarify why they say that. Whatever they want the owner won't give it to me.


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## xabiaxica (Jun 23, 2009)

chris&vicky said:


> I actually think they do declare but only based on the fact they ask me to pay my rent directly into their bank which I do.
> 
> Although I am not happy that they prevent me from registering on Padron my biggest gripe and reason to leave is really that they have gone back on their word saying I had sole use of the garden and pool, this is how it was advertised this is what the rent was based on, this is what I signed for.
> 
> ...


It is obligatory to register on the padrón if you live here. 

As for the penalty for leaving - I'd say that they are in breach of the contract so it doesn't apply. But I'm not a lawyer (although I do have considerable experience of dealing with this) 

I strongly suggest that you go to OMIC with this.


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## Pesky Wesky (May 10, 2009)

chris&vicky said:


> Is it a legal right to register to register on the Padron? I read elsewhere it was not obligatory.


Yes, it is. Look here
https://www.gov.uk/guidance/residency-requirements-in-spain#registering-on-the-padrn


> Registering on the padrón
> The padrón is a list of all the people who live in a certain town. Empadronarse is the act of registering yourself on this list with your local town hall.
> 
> Who should register?
> It is obligatory by Spanish law to register on the padrón at the Town Hall where you habitually reside, yet many British ex-pats still have not done so. Perhaps some view the padrón as a means of vigilance by the state, in ‘big-brother’ fashion. However, in reality, it is simply a way for the town hall to know how many people live in their area, without entering into investigations as to a person’s official residence status or financial affairs.


I would like to add that the Big Brother thing is nonsense. You are tracked far more in the UK with cctv everywhere. Also if you have a mobile phone, internet access, a driving licence, you use a cash machine etc etc you are already "observed"


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## AllHeart (Nov 22, 2013)

Being on the padron also helps the city/town for funding, as the amount of funding is often dependent on the # of residents.


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## chris&vicky (Feb 6, 2013)

I live in Alhaurin de la Torre, Malaga. Apparently the rules are different to those in Malaga lol. I do need a copy of the IBI it is on the form they gave me which actually you can see here Gestión del Padrón

They also confirm that it is obligatory to sign on Padron. So I can't sign because the landlord refuses to give me the information, as did the last landlord. So I am the guilty party in not registering on the Padron because of corrupt landords, um.


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## xabiaxica (Jun 23, 2009)

chris&vicky said:


> I live in Alhaurin de la Torre, Malaga. Apparently the rules are different to those in Malaga lol. I do need a copy of the IBI it is on the form they gave me which actually you can see here Gestión del Padrón
> 
> They also confirm that it is obligatory to sign on Padron. So I can't sign because the landlord refuses to give me the information, as did the last landlord. So I am the guilty party in not registering on the Padron because of corrupt landords, um.


It gives you an out on the contract though, since the landlord is refusing to supply what you need


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## Pesky Wesky (May 10, 2009)

chris&vicky said:


> I live in Alhaurin de la Torre, Malaga. Apparently the rules are different to those in Malaga lol. I do need a copy of the IBI it is on the form they gave me which actually you can see here Gestión del Padrón
> 
> They also confirm that it is obligatory to sign on Padron. So I can't sign because the landlord refuses to give me the information, as did the last landlord. So I am the guilty party in not registering on the Padron because of corrupt landords, um.


The only thing you can do is explain your position and go to the OMIC or wherever you have to go for Town Hall related stuff
Check this out
https://www.gov.uk/government/world-location-news/town-halls-in-andalucia-offers-rewards-to-foreign-residents-registered-on-padron


> British residents registering on the Padrón could be eligible for free or subsidised access to sports and leisure facilities, benefits and even reduced community charges and local taxes, say town hall representatives in Andalucia. They could also qualify for access to health and social care, and help towns to obtain funds for essential public services such as police, health centres and schools.


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## Caz.I (Mar 21, 2009)

chris&vicky said:


> I live in Alhaurin de la Torre, Malaga. Apparently the rules are different to those in Malaga lol. I do need a copy of the IBI it is on the form they gave me which actually you can see here Gestión del Padrón
> 
> They also confirm that it is obligatory to sign on Padron. So I can't sign because the landlord refuses to give me the information, as did the last landlord. So I am the guilty party in not registering on the Padron because of corrupt landords, um.


As XabiaChica pointed out you have a bargaining tool since it is obligatory to register on the padron. So if your landlord won't supply the information you could report them. However, since you want to leave the contract early you could "offer" to leave instead, especially if they are not fulfilling the agreement that you had been promised. Usually long term rental contracts are for 11 months although my last rental contract was 10 months and others can be for six months - does it not say on the contract?

Either way, I think you can leave if you give a month's notice in writing (should say on the contract though). I left my last apartment due to damp problems that were affecting my health. I just told the agency I was leaving and paid all my bills up to date and that was it. I even got my deposit back! However, it depends on the landlord I think. My landlord also said he was moving back into the apartment so I couldn't have renewed the contract anyway, although I have since found out he has chosen to do holiday lets instead of long term lets. 

Re the padron, another route you could take is to make an official complaint to the Defensor del Pueblo Andaluz who investigate complaints about administrative issues. From what I have read on their website, the documentation that each Town Hall demands as a requisite for the Padron should not be unduly restrictive and it is possible that Alhaurin de la Torre Town Hall are indirectly preventing residents from registering by these restrictive demands and that is against the original Resolution passed by the Junta de Andalucia. They have ruled on similar cases and I understand that their aim is to register all residents so it is not in their interest to make it difficult for people to do so. 

In Mijas, Malaga province, you certainly do not need the IBI unless your are the owner and can't show the escritura or provide some other proof of residence. As a tenant, I registered with a rental contract, NIE and passport. The British owner's NIE was not listed on the rental contract, only his passport number. The contract had to be signed by both parties but that was it.
However, getting the Defensor del Pueblo Andaluz to investigate and resolve things is a long process as I have found out to my cost on other issues in the past. (1-2 years!)
If you still have problems at your new address though it might be worthwhile: 
Defensor del Pueblo Andaluz

You can also find details of a ruling by them on a case in Algeciras Town Hall in which a resident was denied registering on the padron due to being unable to obtain an NIE and they ruled against the Town Hall. 
Nos pronunciamos ante la exigencia del NIE para empadronarse | Defensor del Pueblo Andaluz

Or, as PeskyWesky and XabiaChica pointed out, you can go to Alhaurin de la Torre OMIC regarding the issue with your landlord.
OMIC


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