# Health & Safety Regs for Long Term rentals??



## SheilaM (Aug 7, 2009)

Would anyone know if there are any Health & safety Regulations laid down for people renting out property in Spain?
I am in a long term rental,my contract finishes at the end of November.
Various electrical appliances were provided which have been faulty.ie. Microwave (electric shocks and finally burst into flames ) Irons (extremely old,frayed and again caused electric shocks. Faulty shower which sprays water over a tiled floor,rendering it dangerous to walk on etc etc. The whole apartment really is in need of a safety check.
I want to move as soon as possible as my landlord refuses to spend any money,either on new appliances or reparation.he thinks I should do it.
What would be the consequences if I move out before the end of November.
I do not see why I should lose out after being put into danger like this?
I know that in the UK renters need safety certificates etc.
Does anyone know where I stand?


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## jojo (Sep 20, 2007)

SheilaM said:


> Would anyone know if there are any Health & safety Regulations laid down for people renting out property in Spain?
> I am in a long term rental,my contract finishes at the end of November.
> Various electrical appliances were provided which have been faulty.ie. Microwave (electric shocks and finally burst into flames ) Irons (extremely old,frayed and again caused electric shocks. Faulty shower which sprays water over a tiled floor,rendering it dangerous to walk on etc etc. The whole apartment really is in need of a safety check.
> I want to move as soon as possible as my landlord refuses to spend any money,either on new appliances or reparation.he thinks I should do it.
> ...


There is health and safetly in Spain, but its not enforcable particularly from what I can see. If you're landlord refuses to put the things right then maybe its time for you to move on. As for what will happen if you move out before November, well it depends what your contract says, mostly you only need to give one months notice, however, if its written in your contract that you have to pay up until November, then I guess simply dont and wirte him a letter explaining why. It would be very costly for him to persue you, especially if he doesnt know where you are

Jo xx


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## Suenneil (Feb 17, 2009)

SheilaM said:


> Would anyone know if there are any Health & safety Regulations laid down for people renting out property in Spain?
> I am in a long term rental,my contract finishes at the end of November.
> Various electrical appliances were provided which have been faulty.ie. Microwave (electric shocks and finally burst into flames ) Irons (extremely old,frayed and again caused electric shocks. Faulty shower which sprays water over a tiled floor,rendering it dangerous to walk on etc etc. The whole apartment really is in need of a safety check.
> I want to move as soon as possible as my landlord refuses to spend any money,either on new appliances or reparation.he thinks I should do it.
> ...


Hi Sheila

I have just spoken to a Lawyer here who advises that there isnt a specific Law relating to landlords and Health & Safety .... it is however covered in the Spanish Civil Code. The Civil Code basically requires each individual to use good care and attention - but its not a specific "Law".

I think if this was happening to me I would just give 1 months notice (standard contracts usually allow this) and leave - if its not in the contract then you could consider not paying the following months rent and leaving using that months rent to cover your initial deposit (this may or may not be particularly legal according to your contract ... but it happens a lot!)

One other thing to consider if the landlord tries to enforce the contract / or make you pay until the end of the contract term even if you leave ... I would respectfully request copies of the receipts/invoices he is giving to his tenants as they pay the monthly rent - as you feel sure he will keep copies of these for using with his annual tax returns - and of course he will be declaring the rental income 

Safety is really important and if its as bad as you say it is - then I wuoldnt stay too much longer and take the risk .... just my personal opinion 

Sue:ranger:


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## xabiaxica (Jun 23, 2009)

SheilaM said:


> Would anyone know if there are any Health & safety Regulations laid down for people renting out property in Spain?
> I am in a long term rental,my contract finishes at the end of November.
> Various electrical appliances were provided which have been faulty.ie. Microwave (electric shocks and finally burst into flames ) Irons (extremely old,frayed and again caused electric shocks. Faulty shower which sprays water over a tiled floor,rendering it dangerous to walk on etc etc. The whole apartment really is in need of a safety check.
> I want to move as soon as possible as my landlord refuses to spend any money,either on new appliances or reparation.he thinks I should do it.
> ...


further to what the others have said everything depends upon the wording of the contract

One place we lived the contract stated that we as tenants would be responsible for repairs & replacing all electrical goods including the boiler/oven etc!!!

I had that bit taken out of the contract - thankfully, because during our time there the washing machine & the boiler both needed to be replaced!


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## SheilaM (Aug 7, 2009)

Thanks so much for your replies. I think I have already decided that I am going to leave as soon as possible. I still find it hard to believe that they do not enforce these rules.
Re receipts,I pay each month into the bank and have a receipt of the money that I have paid into his bank .I think that would be proof??
I just think that he has lost touch with the present market. He does not realise that their are lots of properties now out there for rent,many of them brand new. He has this "anything will do for renters" attitude !! Wrong !!!


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## jojo (Sep 20, 2007)

SheilaM said:


> Thanks so much for your replies. I think I have already decided that I am going to leave as soon as possible. I still find it hard to believe that they do not enforce these rules.
> Re receipts,I pay each month into the bank and have a receipt of the money that I have paid into his bank .I think that would be proof??
> I just think that he has lost touch with the present market. He does not realise that their are lots of properties now out there for rent,many of them brand new. He has this "anything will do for renters" attitude !! Wrong !!!



Thats Spain for you I'm afraid


I've been looking at properties recently old and brand new and I've yet to see one that would adhere to any of the H&S rules in the UK!

Jo xxx


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## susanspain (Sep 5, 2008)

I do not know the facts of the law ... but as above poster said 'items must be in good order' - is not enforcable! (Sadly I have learned the hard way that no one but no one takes responsibility in Spain!). 

If there was any doubt at all over your landlord being 'reasonable' and accepting a months notice before the November contract expires... Then possibly look at the following:
If you have a gas boiler/appliance of any kind in the apt - and there is no 'bulletin' - ie. a certificate to show it has been checked in the last 5 years and approved as safe - 
If he will not show you the current/valid certificate call out the gas board yourself (BUT ONLY CALL BUTANO - Not anyoneelse! - They are the official government controlled/prices etc)... It should be about Eu 35 for an inspection. 
You may find various bits of work need to be done - and if they find it unsafe they will cut you off!

Equally - contact your electricity board (Sevilliana?)... and ask them if there is a current 'bulletin' in place. Or even just get them to come out and do an inspection (although they will only pass/fail the outside supply as inside is always the owners responsibility)... If they fail it as unsafe they will cut the supply off immediately. 

With all this paperwork no court in the world would disagree with you having to move out - and may infact fine the landlord for your 'inconvenience!'

Sorry to be a bit hard hitting here - But sometimes it is the only way a landlord will act (or not). 

You may not get your deposit back - but you can be sure he will not pursue you legally (It will cost him about Eu1,000 to start a small claims for lost rent if you move out early)... 

Likewise, take photos of ALL DODGY EQUIPMENT. 
(You should have, by law, been given an inventory of the property contents on your moving in - which in theory should then be checked again by both parties on the day you move out). 

Good luck.

Ps Each town has a 'consumer office' for anything and everything regarding contracts. This is a free service and possibly worth a trip - as they usually have some very good advice!


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## jojo (Sep 20, 2007)

I think also, if you leave a property before the term is up, even if it is written into the contract, the owner has to give up the keys and is unable to re rent the property if they decide to take it further, considering most disputes can go on for years, its not always financially worth the trouble.

So simply put it in writing that you are leaving, why you are leaving and then go, as I've said before, they have to have a forwarding address for you to even attempt to claim, so dont give them one

Jo xx


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