The Ministry of Social Rights, Consumer Affairs and the 2030 Agenda has opened an investigation against several real estate agencies, responsible for managing rentals, for abusive and illegal practices, as reported by El País and elDiario.es was able to report. confirm. Concretely, according to the department headed by Pablo Bustinduy, these companies force tenants to pay a commission for the lease, to sign temporary contracts for the use of habitual residence or to include other types of unfair clauses.
Charging tenants a commission, so-called agency month, has been banned by the new national housing law, but several companies are using subterfuges to get around the rule, such as claiming non-payment of rent insurance, which benefits the owner, or charge the bill. for other services. Indeed, several sentences have already declared the nullity of these hypotheses. From Consumption, they point out that “the transfer of property management and contract formalization costs to tenants is an expressly prohibited practice”.
It is also important, underlines the ministry, “to sign temporary contracts whose temporary nature is not justified”. This type of contract is the formula used by many landlords to circumvent the price increase limits set by housing law. This requires residential use contracts to have a minimum term of five years, during which price increases are limited. The Ministry of Housing is also working on regulations to prevent this practice, except in cases where it is justified by the needs of the tenant.
The investigation launched by the General Directorate of Consumer Affairs, which does not indicate which companies it concerns, was opened after learning that several real estate companies would engage in these irregular practices, through various complaints. The ministry indicates that they could be qualified as serious offenses, with fines of up to 100,000 euros, or very serious, with up to one million, of the general law for the defense of consumers and users and d other complementary laws.
Concretely, the imposition of commissions or fees for unsolicited services, as well as the use of unfair commercial practices are punishable by fines of up to 100,000 euros. And the introduction of unfair clauses can bring in a million.
The investigation, underlines the ministry, “is part of the priority action to protect consumer rights in terms of access to housing”. This department already sent a warning to several real estate agencies at the beginning of the year, reminding them that it was illegal to charge management fees to people interested in renting accommodation. “The costs of property management and formalization of the contract will be the responsibility of the lessor,” specifies the note.
In recent months, tenants or people interested in renting an apartment, but unable to do so, have denounced not only the very high prices, but also practices such as charging for a simple visit to the accommodation.
Minister Bustinduy recalled that “housing is a right and a fundamental necessity, protected by the urban lease law, a regulation that prohibits real estate agencies from including clauses or practices that violate the rights of tenants.”
