costa blanca

[Pesky Wesky]

[quote=timetravel4u;199055]

Originally Posted by Pesky Wesky

If you think here and the UK are the same, when it comes legal or not legal then I think your wrong, the laws in Spain are very much different than the UK. Below is two differences of law, which are not in the UK

Quote: If a renter has not made payment for some time and the Landlord is trying to evict them legally the renter can apply for an “enervación” by which the landlord has to forcefully grant them an opportunity to pay up before the judgment. Even if the landlord refuses payment they can deposit the amount owed at the court and the landlord is forced to continue the rental agreement. This forfeits the legal action taken. However, the tenant can resort to the “enervación” only once. Should they fail to pay a second time this will lead ultimately to an eviction.

Quote: In Spain short term lets (typically 11 months) have been devised to waive the Rental Act (LAU). The LAU stipulates that any tenant staying longer than a year in a property without the landlord’s opposition is entitled legally to stay in it for the next 4 years making a total of 5 years (long term let).


"nowadays I believe that if you do things right, like read and make sure you understand your contract before you sign it, you should be OK"
In my Opinion the above sentence is wrong, on the grounds that if you read and understand a contract it does not make it OK, as the laws in Spain are very much different than the UK, and there are many pitfalls, than what you just get in a standard rental contract.
Thanks

Ok, for what ever reason I don't seem to be able to get my message across. Sorry, I didn't realise it was a complicated idea. As time is getting on and I've got to get up early tomorrow I'll try to make this quick and tell everyone what I'm not trying to say. It may be easier that way LOL!

What I'm trying to say has nothing to do with the difference in laws between Spain or the UK.

And I don't think the laws here, in Spain and the UK are the same.

I have little idea what the laws are and don't need to know as I don't rent and I'm not likely to rent until my daughter leaves home, and with the current trends in the Spanish family that won't be for quite a while yet!!

I'm not talking about “enervación”, the Rental Act, or what LAU stipulates. You obviously know your way around renting in Spain and the UK and probably buying and a lot of other things too!! I am not disputing that.

For what I've been trying to explain, perhaps a read through the previous posts?? Probably not worth it...

Time to go!

[chickenkiev]

Have a good nights sleep, and dont worry.

Some of just will not listen

Regards

Kevin

[Suenneil]

Well Im sorry but Im going to have a different opinion too We have rented here for 5 years - 5 different properties (always moved due to work) and we have never paid a finders fee, we have been asked a couple of times, but not many, and we have always refused and moved to a different agent. We have rented directly from Agents, directly from owners, and at the moment directly from the Developer of the apartment we are in - no finders fee to any of them.

Also, when we have tried to plan ahead and source a property some months in advance of needing to move, it was impossible unless we were willing to leave deposits covering the entire period of time we were holding the property for - ie holding it for 4 months - pay 4 months rent to secure it .... we refused to do this too as its too costly, and not necessary ... the amount of long term rental stuff out there doesnt give any reason for someone to pay this much upfront and "reserve" something.

Im still confused on how the weather these past couple of months affects the long term rental market prices .... but we may have to agree to disagree on this one

Sue

[mrypg9]

[QUOTE=anles;199040][quote=timetravel4u;199007]

Here up North, reputable agents don't charge a finder's fee either for renting or or purchasing. The vendor pays the fee or the comission. 10% of the rent or between 2 and 3% for a sale.


But presumably the vendor/landlord pays the 10% to the agency - so it's a finder's fee by another name?
As I said, rental agencies aren't charities.

[Suenneil]

[quote=mrypg9;199199][QUOTE=anles;199040]

Originally Posted by timetravel4u

Here up North, reputable agents don't charge a finder's fee either for renting or or purchasing. The vendor pays the fee or the comission. 10% of the rent or between 2 and 3% for a sale.


But presumably the vendor/landlord pays the 10% to the agency - so it's a finder's fee by another name?
As I said, rental agencies aren't charities.

Hi M

I think its the language thats been used here that perhaps causes the differences of opinion Most people assume a "finders fee" to be charged by the Agent to the prospective tenant .... and some agents do charge this and tell you up front .... and most prospective tenants wont pay it (I know we never have and wouldnt do so if it was an additional payment to the standard months rents and months deposit) others, you are right, will take a commission from the property owner once they have sourced a tenant for them. But from the tenants perspective its not coming out of their own pocket - but from the pocket of the property owner.

Sue x

[mrypg9]

[quote=Suenneil;199214][quote=mrypg9;199199]

Originally Posted by anles

Hi M

I think its the language thats been used here that perhaps causes the differences of opinion Most people assume a "finders fee" to be charged by the Agent to the prospective tenant .... and some agents do charge this and tell you up front .... and most prospective tenants wont pay it (I know we never have and wouldnt do so if it was an additional payment to the standard months rents and months deposit) others, you are right, will take a commission from the property owner once they have sourced a tenant for them. But from the tenants perspective its not coming out of their own pocket - but from the pocket of the property owner.

Sue x

Hi Sue, I see what you mean. Just off to lunch with our lovely Austrian landlord, Adelbert!

[chickenkiev]

[quote=Suenneil;199214][quote=mrypg9;199199]

Originally Posted by anles

Hi M

I think its the language thats been used here that perhaps causes the differences of opinion Most people assume a "finders fee" to be charged by the Agent to the prospective tenant .... and some agents do charge this and tell you up front .... and most prospective tenants wont pay it (I know we never have and wouldnt do so if it was an additional payment to the standard months rents and months deposit) others, you are right, will take a commission from the property owner once they have sourced a tenant for them. But from the tenants perspective its not coming out of their own pocket - but from the pocket of the property owner.

Sue x

Good Morning,
Saying that, when I was last renting about 3 years ago, I used an agent in the North of Costa Blanca, who wanted to charge me a finders fee, to which I said No, it was then added as a secound deposit, After nearly a year in the Property, I could never get hold of the woman, no maintenance done, never returning phone calls and when it came to payment, they wanted it dropped off in their shop, It was very bizzare, the worst service I ever had, and then I found out that she was charging 75 euros on top of the rent every month (hidden in the price). I luckily enough found the Owners details. I contacted the Owner myself and signed a new contract with him, at 130 euros less than the original contract.
The agent is one of the most well known up here.
I think its very hit or miss with agents.

[jojo]

[quote=chickenkiev;199223][quote=Suenneil;199214]

Originally Posted by mrypg9

Good Morning,
Saying that, when I was last renting about 3 years ago, I used an agent in the North of Costa Blanca, who wanted to charge me a finders fee, to which I said No, it was then added as a secound deposit, After nearly a year in the Property, I could never get hold of the woman, no maintenance done, never returning phone calls and when it came to payment, they wanted it dropped off in their shop, It was very bizzare, the worst service I ever had, and then I found out that she was charging 75 euros on top of the rent every month (hidden in the price). I luckily enough found the Owners details. I contacted the Owner myself and signed a new contract with him, at 130 euros less than the original contract.
The agent is one of the most well known up here.
I think its very hit or miss with agents.

Agree with that, you get good agents and bad agents, hyowever, you have to find out before hand if they're simply letting agents who see it as their job done once the contracts are signed and they've got their money or managing agents who also look after you. I've also discovered thru time here that agents who take their cut via the landlord tend to be on the landlords side if there is a dispute - not an easy senario if you're new to the country and dont understand the language. I personally think the whole estate agent, buying/selling/renting business in Spain needs some sort of overhall and government binding rules and regulations much like the UK , cos it seems anything goes and as a "punter" you do have to be careful and shop around!

My agents are the best in spain tho, they dont charge much and by their very nature, take pride in the satisfaction of their clients and always give 110% and a bit more!

I like your new name chickenkiev BTW !!!! LOLOLOL

Jo xxx

[chickenkiev]

I like your new name chickenkiev BTW !!!! LOLOLOL

Jo xxx[/QUOTE]

Some chap in Gran Canaria called me this about 9 years ago, it stuck as most people think I run around like a headless chicken

[JBODEN]

[quote=jojo;199225][quote=chickenkiev;199223]

Originally Posted by Suenneil

I've also discovered thru time here that agents who take their cut via the landlord tend to be on the landlords side Jo xxx

It seems to me that that would be logical. If a landlord comes to an agent and asks him to find a tenant, then the agent is acting on behalf of the landlord. If the agent tried to act for both sides then there would be a conflict of interest.
In Poland it is common for estate agents to get commission from sales/lets from both parties. A conflict of interest, if there ever was one.