Illegal House - Rental Contract?

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Illegal House - Rental Contract?


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Old 11th June 2010, 02:34 PM
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Default Illegal House - Rental Contract?

Hi guys, thought I would see if anyone has the knowledge on this subject...We rent our villa in Spain, (long term contract 1 year - 5 years job). The villa was brand new when we took it almost a year ago, it is on a new urbanization and has builders electricity and water because the licence of first occupancy has not been issued.

The Mayor won't issue it until the estate is finished which is fair enough BUT the builders have now gone bust so it could be a very long time until the house is licenced.

Anyway, we obviously know the risk that one day this power could get cut off. The landlady (a company) have assured is in writing we will not be liable for any water or electric charges until the house is connected to the mains but has now said it could be ages until that happens.

Right now we are happy carrying on, beautiful house, free elec and water, what could be better, BUT if the builders stop paying the electric we will get cut and until the licences are issued nobody will have mains either.

Daft thing is that even though the houses are not completed we are on the Padron etc with no problems. Town hall planning tell me we are OK to live here, the houses wont be bulldozed but they do not have the licences yet and they dont knwo when they will be issued.

Our english solicitor here in Spain said that as the hosue doesnt have its licences the rental contract is not worth the paper it is written on as itis illegal to rent it out. he said that we should stay here, enjoy the house and that the landlady cannot get rid of us as it is a long term contract BUT if we get cut off we can demand every penny we ever paid in rent back and leave because she rented it to us illegally. This seems bizarre but i wondered if anyone has any legal knowledge on this subject?

The landlord as I mentioned is a company not an individual. I have no quarms with the landlord, they have been fantastic with us and really are nice but the opinion of my lawyer is that we could be here for another year or two then get back all the thousands we paid in rent on the grounds of illegal house. I don't want to screw the landlord and wouldnt want every penny back BUT if we are forced to relocate then some return would be useful due to the cost of moving, and to recover the thousands we spend making the hosue a home (garden, fence for dogs, decor etc).

The rental contract does say we have the option to buy after 3 or 5 years and I did plan to do that (pending it being a legal hosue by then of course)!

I would welcome with interest your thoughts. Thanks!

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