The Government will create a Registry of firm Sentences on non-payment of rental agreements, which will include information about those citizens condemned after failing to pay the rent, so that tenants may know this in advance. This is included in one of the 18 corrections presented by the Partido Popular (PP) in Parliament to the Draft of the Law on measures for the increase in flexibility and the promotion of property renting, which will be added to the final text thanks to the absolute majority of this party in Congress.
The judicial secretary or the arbitration authorities will be obliged to provide this information – although which specific data has not been revealed yet – to the register, which will be available to any property owner willing to sign a rental agreement, individuals or companies. In order to have access to this information, “they will need to present a proposal of a rental agreement identifying the potential tenant. The only information they will have access to will be the data related exclusively to that tenant.”
The objective, according to the amendment, is to “prevent and control” with the intention of “increasing the security of the landlord”, which has been obliged to turn to the Justice and has won, avoiding that those who place properties in the market “sign an agreement with anyone who has obliged a previous landlord to turn to a judge or to arbitration”.
In another amendment, the PP urges the Government to present a royal decree that regulates this registry, which in any case will delete any data six years after its registration, or following the request of the debtor once the pending debt has been paid.
On the other hand, the PP also proposes the modification of the obligations of the landlord should he wish to sell the property. If the tenant has given up his right to a preferential acquisition, the owner of the property should inform its tenant his intention of selling it “at least 30 days prior to the signing of the selling agreement”. “Otherwise, we could be in the situation of the tenant finding out about the sale of the property when it has already taken place, with the minimum time to look for a new home or to make the necessary arrangements”.
The PP also includes a change so that tenants may carry out any necessary refurbishments to adapt the property to his/her disability or his/her spouse´s or any other person´s residing in the property permanently. He should nevertheless notify these changes in writing and should the landlord request it, he would be obliged to return the property to its former state at the end of the contract. The notification of the landlord to the tenant in case he needs the property for himself or for any members of his family should be made at least two months in advance, although both parties may agree on different terms. (…)