Latest update on rentals

[Deso]

I wonder if the Canarian Tourist Board will actively publicise the fact that holidaymakers must only book into hotels or tourist complexes when visiting the islands tourist areas?

I think not.

[Spike On Q]

Classic mummy state quote. Blame "the government", grown ups can't think for themselves anymore, it's always somebody else's fault.

[Archer]

Did anyone read the reply on the Janet Anscombe page about converting a complex to 'Touristic Use'?

Quote:
..... it is in fact possible, within certain constraints, that residential communities could engage in touristic letting. These constraints would make it difficult to achieve, but not necessarily impossible. Providing that a community`s statutes do not expressly prohibit it, and a vote was legally passed by the community and achieved the required percentage, then the community could set up a commercial entity â€" either an SL company or an Asociación â€" which would apply for a touristic licence. Any bookings would be through this entity and managed by it as in the case of a touristic complex. Providing that the community complied with every requirement for touristic complexes, the government could not in law refuse to grant a touristic licence. The government could not even drag its feet, because under the Administrative Silence Act, it has six months to respond, or the licence is awarded by default. All this would not necessarily be easy for a community to achieve, but it is theoretically possible.
The required percentage (consent of owners) is 100%, and there would inevitably be significant costs involved for the Community to upgrade the complex to meet standards for a licence.

[Spike On Q]

Looks like an opportunity then to license a community. Mind you I think obtaining a majority would be difficult as most communities seem to have more residents than holiday let businesses. The residents are often more powerful within the community structure as it would be their daily life that would be affected

Tamaragua always crops up here in these discussions, what do the current contributors believe would be the outcome of such a vote there?

[CORNISH BOY]

Hi I am quite new to this forum so for give me if I have missed something ,I own a property in Corralejo near the Bahia and rent in it for around 12 weeks a year it just helps pay some of the costs I did not really buy it to make money just to have great holidays however the income from rentals certainly help ,with little costs it would adapt easily  to some of the stipulations requested to get a licence ,but from what I see yu cannot actually have a licence any way ,is this correct ,?many thanks

[Spike On Q]

Sorry Cornish you are breaking the law and risk a very heavy fine. The new rules do not affect your property, in fact make it even clearer that you cannot legally holiday let. Alot of ex pats are breaking the law and risking that heavy fine because they have no choice but it ain't going to change anytime soon and I suspect the authorities will put alot more effort into prosecuting those that circumnavigate the law.

[zedzedeleven]

Are you scaremongering Spike or is there any substance to your suspicion? Even if there is it will just mean putting away a contingency fund for the (remote) eventuallity. If I stay where I normally stay, the fee is handed over in cash, anyone asks me I am a good friend of the owner, don`t pay anything. The authorities are going to have to do a lot of investigative work to prove anything. In all probability the said authorities have demonstrated their willingness to carry out the commands of the big money hotel chains, and will as usual not have the incentive to spend time and effort securing prosecutions.

[bluefox]

well put zz, my thought's exactly, how can any proof be got in handing over of cash, never will be detected, renting has been going on for years, and will do so for many more, i know of a lot of people that renting their property was planned for, to cover mortgage's etc. the danger for anyone getting "caught" would be thru' advertising, it'd be easy for authorities to pose as a rentee ....... "gottcha"...... i.m glad to say i aint one of em (renter) that is, i would'nt like the thought of a stranger staying in my place, except for family of course. 

[woe10]

"The authorities are going to have to do a lot of investigative work to prove anything."

It doesn't work like that. The way it works is, for YOU to prove you paid legally. Do you have a proper factura for the money paid. Do you have signed contracts from the owner that you are letting the property.

No    Well, they've got YOU mate, by the short and curlies. They've heard every excuse going, they're not stupid.

[Spike On Q]

Plus they don't need you to pay the fine if you choose to ignore the summons and defend yourself. Legally they are entitled to put a lien on the property, along with any other debts, so that when you come to sell they have first call on the sales proceeds.

Successful prosecutions have already been completed on other islands. So many expats think that because they are dealing with "foreigners" they can pull strokes  -  good luck!

As to scaremongering, this latest confirmation of the facts surrounding the short term and holiday letting of apartments is clear. Should you decide to ignore it that is your choice as long as you understand the risks and factor them in when decision making. It's the balance - how much do you wish to gamble on being caught and how desperate are you for money to pay the mortgage

[zedzedeleven]

"The authorities are going to have to do a lot of investigative work to prove anything."

It doesn't work like that. The way it works is, for YOU to prove you paid legally. Do you have a proper factura for the money paid. Do you have signed contracts from the owner that you are letting the property.

No    Well, they've got YOU mate, by the short and curlies. They've heard every excuse going, they're not stupid.

I don`t think you are getting it Woe. I`m staying with my good friend Spike, he lets me have the spare room `cos we are such good friends. I don`t pay him a penny.  I have stayed with him many times up there in the mountains. Just me, Spike and the goats. I usually have a bet with him, first one to spot a goat wins £500. Spike always wins.

[Ivemovedon]

Of course they are not going to target holidaymakers in rented accomodation. They don't have the money time or personnel to go knocking on doors listening to hard luck stories. They barely scratched the surface chasing down owners and the only fines issued in Fuerteventura i've been led to believe were to estate agents. And only a couple of those at that. You might get them turn up due to a denuncia but thats about it.

Unfortunately it is hard to prove if someone is a friend or relative or even if any cash has actually changed hands. They've been trying to stifle the black economy in the UK for donkeys years and are still no nearer a solution to the problem.It costs too much to take it on. As far as i'm aware you are not required by law to hold a receipt for money paid for a rental deal but i'm sure i'll be corrected if wrong.

Whatever the case anyone coming on this site with a break to the island in mind must take one look at some of the comments and quickly look elsewhere. Might not matter to a few of you but it most certainly will to the islands businesses and any people renting who actually do have a license.  Well done.

[paully]

"The authorities are going to have to do a lot of investigative work to prove anything."

It doesn't work like that. The way it works is, for YOU to prove you paid legally. Do you have a proper factura for the money paid. Do you have signed contracts from the owner that you are letting the property.

No    Well, they've got YOU mate, by the short and curlies. They've heard every excuse going, they're not stupid.

I don`t think you are getting it Woe. I`m staying with my good friend Spike, he lets me have the spare room `cos we are such good friends. I don`t pay him a penny.  I have stayed with him many times up there in the mountains. Just me, Spike and the goats. I usually have a bet with him, first one to spot a goat wins £500. Spike always wins.

ZZ, listen up..I can get you a monster deal much better than Spike for that sort of dosh....and you wouldn`t have to put up with him or his smelly goats  ...........just say the word mate 

[Archer]

You are not committing a crime by booking an unlicenced property. But cannot comment on the insurance liability issue.
You must remember, this law was introduced for more than one reason:
The first was pressure from hoteliers, hence the limit on rentals in tourist areas.
The second was the excessive number of persons occupying totally unsuitable property. I'm told by a vacation rental agent that the Spanish are the worst offenders - the rent a house for 2 persons, then everyone and his dog turns up (mainly from Gran Canaria) and cause havoc with the nejghbours, partying 'til dawn.
And the third is the authorities are missing out on the tax income. Slapping VAT on all vacation lets gives an immediate revenue stream. But also, by registering every 'let' as they propose, they can cop the tax money due.
This is no different from most other countries, now, as HTT has already stated.
Keep your head down, don't book your apartment or home to groups and no-one is likely to say much.
But, if you book the 'family from hell' (I've seen a few on the flights over) you are asking for an early fine!
Oh, and DON'T advertise ANYWHERE or they'll see it!

[zedzedeleven]

Quote Paully <ZZ, listen up..I can get you a monster deal much better than Spike for that sort of dosh....and you wouldn`t have to put up with him or his smelly goats  ...........just say the word mate  > Thanks for the offer Paully but just for the record (or erm, not for the record!) I am well accommodated in a private and well placed apartment. I would also add that what I get for what I pay is far in excess of some ( most ) of the so called aparthotels. All the household appliances I have at home and an attentive host. Compare that with the meagre furnishings and threadbare bedding, very basic kitchen equipment and inadequate cleaning service at places like the Maxorata and all for the same price. The point is of course if those places upped their game and stopped treating the paying guest with such contempt I would still be supporting them, as it is I have found a far better deal, and also now know of a few more. Viva free enterprise.

[Ivemovedon]

Ah yes ZZ but did you..

a) Demand to know if they have a license

b) Possess a signed contract from said licensee stating you are now in residence

c) Keep a factura listing all paid for services in case of a dawn raid

d) adjust your insurance to cover costs in case you are banged up in Corrie nick for renting with intent.

If not i know a nice little All Inclusive joint....

[zedzedeleven]

I guess you already know the answer to all that. I`m sure that no one has ever complied with it wherever they stayed. The only document I have ever signed that I remember is for the safe key.  I`m not sure that any or all of it exists anyway, you should get together with Spike and dream up a few more scarey bye laws.

[TamaraEnLaPlaya]

If you own a property that you can only let out legally as a long term rental what is to stop you renting it to your wife/husband/son/daughter etc with no stipulation in the contract re sub-letting. Could they then let it out for holiday lets? They aren't the owner so can they be held liable? Not something I'm thinking of doing but just wondered if it would work. 

[KWC]

I guess the authorities could easily go onto Owners direct/abroad/James etc etc and find out who are at least advertising their property for rental.

It could then easily be visited and a record of the visit taken for for future reference. 
That in its self might frighten the life out of a good few owners!

[erik_tonny]

If you own a property that you can only let out legally as a long term rental what is to stop you renting it to your wife/husband/son/daughter etc with no stipulation in the contract re sub-letting. Could they then let it out for holiday lets? They aren't the owner so can they be held liable? Not something I'm thinking of doing but just wondered if it would work. 

Clever thinking. Maybe too clever for here.
Here they have an other way:
Knock knock,
Hello
You think you clever. You think I dumb.
I hit you. You want, you hit them okay?
Bye

[Ivemovedon]

you have to have serious concerns for the sanity of some posters on here.

[IsThisForumStillGoingWow]

Saw this petition on another Fue site (Sperick you can only sign once  )

https://www.change.org/p/presidente-gobierno-de-canarias-fernando-clavijo-batlle-el-gobierno-de-canarias-traiciona-a-miles-de-familias-canarias?recruiter=311254897&utm_source=share_petition&utm_medium=facebook&utm_campaign=share_page&utm_term=mob-xs-no_src-custom_msg&fb_ref=Default

[emmi]

This FaceBook page is one started by a group of local Spaniards https://www.facebook.com/asociacionascav - they have started the www.change.org petition - and desperately need more signatures.  Unfortunately the change.org site is not working at the moment,but if you want to help to change this law then keep trying until the site is working again, and sign.  I read on the FB page that 19 new inspectors have been appointed to claw in the fines!

[emmi]

Here's the direct link to the petition

https://www.change.org/p/presidente-gobierno-de-canarias-fernando-clavijo-batlle-el-gobierno-de-canarias-traiciona-a-miles-de-familias-canarias

If you want to be able let your property legally and without huge fines,  then do sign it. Be in it to win it!!! The Asociación Canaria del Alquiler Vacacional is a very vociferous group and they are determined to change the new Decreto against illegal letting. Do try to help them and yourselves.
 

[woe10]

Here's the direct link to the petition

https://www.change.org/p/presidente-gobierno-de-canarias-fernando-clavijo-batlle-el-gobierno-de-canarias-traiciona-a-miles-de-familias-canarias

If you want to be able let your property legally and without huge fines,  then do sign it. Be in it to win it!!! The Asociación Canaria del Alquiler Vacacional is a very vociferous group and they are determined to change the new Decreto against illegal letting. Do try to help them and yourselves.

It's all very well that people can let out their properties legally, as long as they pay Tax on the money they earn, like everybody else has to 

[emmi]

The petition is about "softening" the impact of the Decreto which does not allow letting of property within a Tourist Zone. This will seriously impact the economy of the Island(s)
and leave many people with serious financial problems.  I am sure if the restrictions are lifted, then the Tax Man will appear on the horizon as well he should.  But at present the situation is ludicrous for those who bought with the intention of letting to cover costs, and who cannot legally do so.

[Spike On Q]

But emmi if you start a business without proper research, investing large sums of money,   and it goes bust surely it is no ones fault but your own. It happens all the time. It has been illegal to holiday let in Fuerteventura for years, this is not a recent restriction. Before investing hundreds of thousands of pounds no stone should be left unturned.

Why would you invests this large sum of money just to "cover costs", surely it was to make money as a business venture, otherwise why do take the risk?

[Ivemovedon]

perhaps you can also explain then why mis- selling has been allowed to flourish over the years with no intervention by the authorities ? Mis- selling which according to yourself is still happening as we speak. Anyone with a cynical approach may be led to beleive they are quite happy for people to buy under false pretences, for reasons best known to themselves but not hard to guess at. Its unethical especially on the part of the Canarian so called legal  profession, and they should by rights all hang their heads in guilt ridden shame.

But they won't. Because money has been made. Lots of money. And perhaps is still there to be made in the shape of unrealistically high fines.... 

[emmi]

I am not discussing the rights and wrongs of it, yes, research should have been done by those property owners etc.  Yes, tax should be paid if income is earned.  I am just drawing attention to a petition started by local Spanish people who are trying to make the situation more reasonable. If you don't want to know about it, fine, but it is possible that some people will want to support it. 

[Tamkid]

Hi Emmi, the plonker is speaking for himself, we all know the score. Your far to positive, a few on here cant understand the concept, your not telling them what they want to hear i.e. bad news. Keep on posting Emmi, the majority look forward to your information, its always welcome.