Landlord responsibilities

Does anyone know where we stand legally? We rent a furnished apartment and the washing machine has gone on the blink. The landlords representative says i am responsible for any minor repairs up to a value of 325€ which is 50% of my rent, We have been pointed to item 8 on our spanish printed agrement which states this, but I was under the impression that the landlord is responsible for the cooker, washing machine, boiler, A/C and Fridge Freezer, Can anyone advise please ?

I would hazard a guess that if item 8 does not specifically exclude electrical items as you mention then you will have to pay. Is there any other clasue talking about these goods and defining the repsonsibilities of you or the landlord

Being under the impression is probably not a good enough argument

Suggest you take legal advice if you want to argue the point especially if the contrcat is not clear

Maybe Maria on here can comment

Thank you for your reply, Who is Maria?

Hi

Maria de Casto is a Community Lawyer who has offices in Cadiz. She has regular articles on this Forum regarding the Horozontal Law in Spain and contributes to questions on anything regarding Community & Property Law. She has won quite a lot of   cases on recovery of Off-Plan Deposits in the Spanish Courts lost by Expats in the Building Crisis since the Property Crash 8 years ago.

https://www.eyeonspain.com/blogs/costaluz/11328/Legal-tip-1029-NEW-Spain-Rental-Act.aspx

Fully translated Spain rental act. See chapter IV there

Joe good luck with clearly understanding that  ‘in English version.’ 

It appears to have been translated by an online facility. 

 It might have been better it’s original Spanish

Extract

Article 22.

1         The tenant is obliged to bear the carrying out of the works by the landlord which execution can not reasonably be deferred until the conclusion of the renting

I think the last paragraph of article 21 of Chapter IV (English translation provided by Maria or the Spanish version)  is more appropriate and probably in line with the OP's original point referring item 8 of his rental contract

The landlords representative says i am responsible for any minor repairs up to a value of 325€ which is 50% of my rent, We have been pointed to item 8 on our spanish printed agrement which states this,

Good Luck either way

Does anyone know where we stand legally? We rent a furnished apartment and the washing machine has gone on the blink. The landlords representative says i am responsible for any minor repairs up to a value of 325€ which is 50% of my rent, We have been pointed to item 8 on our spanish printed agrement which states this, but I was under the impression that the landlord is responsible for the cooker, washing machine, boiler, A/C and Fridge Freezer, Can anyone advise please ?

I rent out two house's in Spain, one short term holiday, one on a longer let, I do have something similar to your agreement but to be fair different.

As I see your agreement, and as you do say your responsible for minor repairs up to 325€, isn't it possible the repair to the washing machine might just cost a lot less then 325€, if it came to be that you needed a new washing machine perhaps a chat with the owner / representative could well get you another one. Or in the least ask the question in case the machine was nearly new and under warranty.

I can see where the boiler / air con might be replaced free of any charge under fixed items etc, sorry but unless you had a confirmed statement about the landlord being responsible for white goods you being under the impression probably wont go to far with them, some would change it many wont.

This is always difficult when a property is rented out and these white goods usually have had a fair amount of use over some years by previous tenants.

You really have to wonder about the logic behind a lot of Spanish agreements.  If you rent on a furnished basis why should you be responsible for the repair of an old washing machine?  Clearly the agreement was drafted by an official who had landlord's interests at heart.  Really quite absurd.

But you appear lumbered with a bill, so it probably makes sense to negotiate with the landlord and offer to pay the repair cost towards a new machine.  If he/she accepts at least you won't get another repair bill for a while.

You really have to wonder about the logic behind a lot of Spanish agreements.  If you rent on a furnished basis why should you be responsible for the repair of an old washing machine?  Clearly the agreement was drafted by an official who had landlord's interests at heart.  Really quite absurd.

I rent out with my own agreements and wording, which are checked and passed by my Spanish solicitor these are both fair, to the point, and honest, when it comes to renting on a furnished basis its best to include everything that is classed as furnished, a bed and settee could be classed as furnished, perhaps not if the normal Spanish rental agreement is used.

Would a landlord draft an agreement to consider all the renters requests, or would it be drafted solely for the owner of the property?

Baz1949, In the UK landlord's do not draft their own leases as Tenants have rights and no doubt in a few years there will be complete regulation.

As a landlord I'm happy with the Assured Shorthold Tenancy (AST) wording that's almost standard in the UK.  I've used it for many years and never had anyone say it was anything than completely reasonable.  Under this the landlord is fully responsible, inter alia, for any domestic appliance provided.  IMHO the way it should be.

I understand that unless a contract, any contract,  is registered, not sure who with (probably Registro de la Propiedad) it is not legally enforceable.  So in effect not worth the paper it is written on.

Acer, I have no idea of the wording of the UK rental agreements, my two house's I rent out are in Spain.

As with most countries

The Spanish Civil Code stipulates that where offer and acceptance are met, there is a binding agreement. Both offer and acceptance can adopt the form of a written contract or a simple verbal agreement. However, in order to enforce a verbal agreement in a court of law you need to prove it took place, and for that purpose you will need proof by means of witnesses. Otherwise, the defaulting party might have performed actions that amount to an irrebutable presumption of the existence of that verbal agreement.

I have now had a Spanish lawyers interpretation of this contract and my landlord is responsible, It is now 8 days since I informed my landlords representatives the fault, the cost to repair ( more than my supposed responsible amount and more than a new one) and the cost of replacement and still had no reply. I have purchased a new one and will subtract the amount from my next months rent.

Thankyou to everyone who replied and helped with my post.

joe.mac001

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