Long term rental upfront payment question
Posted: 27 March 2012 08:47 PM  
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We are a couple from London relocating to Costa del Sol (probably Estepona or surrounding) We are looking to long term rent from late May/Early June for minimum 6 months initially (though happy to consider a longer rent initially for the right property)

We are on a trip in early April for 2 weeks to view potential apartments , with the intention of concluding a deal there and then if we see the right one.
We have the money ready to spend.

We are happy to negotiate on deposits/advance rentals etc., but some agents we have emailed with appropriate properties are saying that most people would be unhappy to let during the summer period on a 6 month initial rent , AND would require 3 months upfront AND 2 months security deposit.

Is this normal?  I appreciate summer can bring holiday rentals to some , but surely better to have 6 months (or more) with SOME paid up front by a tenant , rather than risk it being empty.

I suppose what I am asking is, should we be prepared to pay these kind of big upfront payments to secure a property in late April for late May/early June moving in?

Many thanks for any thoughts in advance

Bill P

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Posted: 27 March 2012 11:52 PM   [ # 1 ]  
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There is a huge difference in long term rates vs holiday rates - so many landlords do not want to rent at the start of the holiday season to people who only want to pay long term rates then might disappear as soon as the sun does. I had a stupid offera while ago from a couple who wanted to start to rent in May - I rejected it.
You are much more likely to get a better deal in September, or for the summer months you may have a problem.
Of course the problem is not so acute inland.
Because of the crisis everyone expects landlords to be bending over backwards, but many (not me!) own several props anyway and so are not bothered.
Standard deposit is 2 months rent.
But good luck, hope you find something, but be careful and make sure any contract is legal.

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Posted: 28 March 2012 12:25 AM   [ # 2 ]  
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Hello Bill P:

I think in the present climate and with a glut of properties to let, those exorbitant Summer seasonal rents may no longer be the norm. 

Having said that, I also feel that you would be better advised to start your tenancy in September.  Aside from other considerations, it is unpleasantly hot on the Costa del Sol from the second half of June until well into September. 

Under no circumstances - Summer or no Summer - pay in advance the kind of deposit you are describing. 
It is usual to pay a deposit (returnable, less any breakages, damage, etc.) ) equal to one month’s rent, plus one month’s rent in advance.  Rent is paid monthly in advance during the first five days of the month.  Landlords, and their letting agents, will try it on, but please be quite firm.  At the moment, it is a customer’s market.

It is important to have a correctly drafted tenancy agreement, even short-term.

Good luck with everything.
Patricia


We are a couple from London relocating to Costa del Sol (probably Estepona or surrounding) We are looking to long term rent from late May/Early June for minimum 6 months initially (though happy to consider a longer rent initially for the right property)

We are on a trip in early April for 2 weeks to view potential apartments , with the intention of concluding a deal there and then if we see the right one.
We have the money ready to spend.

We are happy to negotiate on deposits/advance rentals etc., but some agents we have emailed with appropriate properties are saying that most people would be unhappy to let during the summer period on a 6 month initial rent , AND would require 3 months upfront AND 2 months security deposit.

Is this normal?  I appreciate summer can bring holiday rentals to some , but surely better to have 6 months (or more) with SOME paid up front by a tenant , rather than risk it being empty.

I suppose what I am asking is, should we be prepared to pay these kind of big upfront payments to secure a property in late April for late May/early June moving in?

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Posted: 28 March 2012 12:25 PM   [ # 3 ]  
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Thanks for all the advice..
The moving date is not a variable im afraid, part of the reason we are moving is we WANT to be there for the summer- we have been to Spain and canaries many times, and have no problem with the heat (quite the opposite in fact! )

I think we will be pretty firm with agents on advance payments, you have confirmed what i thought in this market.
Im a bit concerned that you both mention legality of contracts/ correctly drafted tenancy agreements
I would have thought that a reputable, long standing agent would do that as a matter of course!
Are you advising to get any contract looked over by a lawyer?  surely that would delay the process and may be expensive?

Is there an easy way to do that ...its not necessary here in the uk as protected tenancy agreements are all pretty standard.

thanks again !


Bill P

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Posted: 28 March 2012 04:37 PM   [ # 4 ]  
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Bil P.

The first thing to remember and keep in mind always is that Spain is not the U.K. and the laws, including the Landlord & Tenant Act, are quite different.

I would advise getting your tenancy agreement prepared by a solicitor in Spain, and ensure the agreement is weighted as much as possible in your favour.  A letting agent is not a lawyer, and indeed agents are often just someone who has set up shop to let properties.  There is probably no easy way to do things properly, for your own sake. 
Getting the agreement drawn up is a quick process, i.e. a consultation with the solicitor, at which you should have with you your version of what you think a tenancy agreement (shorthold or long-term) should be.  The solicitor will then draw up a draft on that basis, with, of course, some feedback from the agent.  Remember that the agent is acting for the landlord, not for you, so s/he will be looking for an agreement very favourable to the landlord.  The tenancy agreement itself constitutes a receipt (and one of the covenants will state this) for your deposit and first month’s rent. 

It should not be expensive to have a tenancy agreement prepared by a solicitor, and of course the solicitor should let you know in advance how much it will cost.

The terms of the agreement must also clearly set out what the agreed rent includes.  For example, you, the tenant, are not expected to pay the condominium service charges (cuotas de comunidad)  for the apartment.  You will of course pay for utilities, and it is important that the agreement states how these will be billed (to you, to the landlord, etc.)
The agreement should state who will be responsible for minor repairs, and the procedure in the event major repairs are needed to the apartment for any reason.  The agent should provide you with a list of the names and phone numbers of technicians who will carry out repairs should the washing-machine, for example, go on the blink.  Speaking of which, it is important to check out everything in the apartment, in particular the domestic appliances, to ensure they are working properly.  The agreement will state that everything in the premises is in good working order when you the tenant take over.

In Spain, the only valid document is the document in Spanish.  An English-speaking solicitor should be able to summarise the document for you in English.  Ensure you have a copy of the agreement, and better still, ensure the solicitor has a copy too. 

It is wise not to cut corners where legalities are concerned, and peace of mind is paramount. 

All the best
Patricia

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Posted: 29 March 2012 12:22 PM   [ # 5 ]  
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Patricia..thanks SO much

thats all great information which will be VERY useful to us - really appreciate it !
now I have to hunt down a reasonable English speaking lawyer in the marbella /estepona area…hopefully there are a few !

thanks again

BP

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Posted: 29 March 2012 01:49 PM   [ # 6 ]  
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That’s fine but I doubt a landlord will sign a contract that you provide, but good luck.

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Posted: 29 March 2012 04:23 PM   [ # 7 ]  
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Rob, the landlord/agent will be shown the draft tenancy agreement before anything is sgned, and naturally will want to add and/or amend.  It is a matter of negotiation. 

Indeed, BillP, the landlord/agent can accompany you to the solicitor’s office, and sit in, as you hammmer out the conditions.  At the moment landlords need to let, and IMO it shows you are serious if you are seen to do your homework and have a solicitor.
All the best with everything

Patricia

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Posted: 29 March 2012 04:47 PM   [ # 8 ]  
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Thanks again Patricia

bp

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Posted: 04 April 2012 04:07 PM   [ # 9 ]  
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Hi all,

There is another point to consider with the renal market. With fewer people buying property more are looking to rent a property for 6 or 12 months, so the number of properties available are reducing quickly, so with less on the market, the higher the price. I can also agree with the availability in summer, most owners want the holiday makers to pay the higher rents for 1 or 2 weeks than someone wanting 6 months at a much lower price.

Good luck with your search.

Dave

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