Long term residential rental properties
There has been a change to the housing law that affects residential long-term rentals and agent commissions, we are applying the following policy regarding which residential rental properties can be shared on the database with other member agents.
Official government bulletin (BOE)
On 25-05-2023 the Spanish Government issued an official bulletin advising of changes to the Housing Law (Ley de la Vivienda, 29/1994, de 24 de noviembre, de Arrendamientos Urbanos) - click here for the full text of the bulletin.
(See Section "Disposición final primera" and sub-section 4)
Translation of the amendment in the bulletin that we are referring to:
First final provision. Price containment measures in the regulation of housing rental contracts.
Four. Paragraph 1 of Article 20 is amended to read as follows:
1. The parties may agree that the general expenses for the adequate maintenance of the property, its services, taxes, charges and responsibilities that are not susceptible of individualization and that correspond to the leased property or its accessories, shall be borne by the lessee.
In buildings under horizontal property regime such expenses will be those corresponding to the leased property according to its participation quota.
In buildings not under horizontal property regime, such expenses shall be those assigned to the leased property according to its surface area.
In order to be valid, this agreement must be in writing and determine the annual amount of such expenses at the date of the contract. The agreement referring to taxes shall not affect the Administration.
The real estate management expenses and those of formalization of the contract shall be borne by the lessor.
Agent commission is the responsibility of the landlord
The last paragraph above states that real estate expenses should be the responsibility of the landlord. Because of this change of the law we will no longer allow long term rentals that:
ask for the tenant to pay a commission/fee to be shared on the network; and/or
if the listing agent is NOT offering a commission split for the agent with a rental client.
Addition to our Terms and Conditions of Usage - ReSales-Online
The following points have been added to our T&Cs:
Property Sharing on the Network
Long Term Residential Rental Properties
Residential long term rental properties can only be shared on the Network if:
the Member Agent has an agreement that the property owner/landlord will pay all agency commissions (listing agent and also collaborating agent if applicable)
the rental listing agent is offering a commission split for an agent with a rental client.
2. Rentals that require that the tenant pays all or part of any agent's commission MUST be set to Not Shared.