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Update: How does the Royal Decree affect rentals?

Apr 15, 2020 | Last news

We have previously published a post on how the Royal Decree of March 31 affects rent, which you can see by clicking here. Recently the order TMA/ 336/2020 of April 10 has just been approved to complement the previous decree.

What requirements must I meet to apply for these grants?

Mainly, it must be found in economic vulnerability derived by COVID-19 (which we have explained in the previous post).

In addition to the above, the following requirements must be met as a minimum:

  • Have an income of the family unit less than 3 times the IPREM (1,613.52 Euros).

This range will increase in the following cases:

  • 1 for each dependent child in the family unit.
  • 15 for each dependent child in the single-parent family unit.
  • 1 for each over 65 years of age in charge.
  • In the event that a member of the family unit has a disability greater than 33%, the expected limit will be 4 times the IPREM.
  • That the rental income, together with the basic expenses and supplies, is equal to or greater than 35% of the net income received by the entire family unit.

In addition, the beneficiary must prove the following:

  • That the lessee or any of the persons who have their habitual and permanent domicile in the dwelling is not related by first or second degree of consanguinity or affinity with the lessor of the dwelling.
  • That the lessee or any of the persons who have their habitual and permanent domicile in the leased dwelling is not a partner or participant of the natural or legal person acting as lessor.

How can I request the rental help?

First of all, it must be borne in mind that aid must be requested no later than September 30, 2020 (modifiable by each CCAA).

The beneficiaries of this program must immediately notify the competent body of the CCAA.

The following information must be submitted to make the request (each CCAA may request more information):

  1. Due to the legal situation of unemployment: certificate issued by the entity that manages benefits, showing the monthly amount received as unemployment benefits or subsidies.

For cessation of activity of self-employed workers: certificate issued by the Tax Agency or competent body in the CCAA on the basis of the declaration of cessation of activity declared by the interested party.

  1. Number of people living in the habitual residence:

Family book or document confirming a domestic partnership.

Registration certificate relating to people registered in the home, with reference to the time of presentation of the supporting documents and to the previous six months.

Declaration of disability, dependency or permanent incapacity to carry out a work activity.

  1. Ownership of Assets: simple index note of the Property Registry of all members of the family unit.
  2. Responsible declaration of the debtor or debtors regarding the fulfillment of the requirements demanded to be considered without sufficient economic resources according to the royal decree 11/2020.

In addition to that, a full copy of the current lease agreement with the express inclusion of the means and form of payment must also be presented to the lessor and the proof of payment of the last 3 monthly payments unless the contract has a shorter term. In that case, the payment will be credited from the beginning of the contract.

But, most importantly, what is the amount and duration of the aid?

The amount may be up to a maximum amount of 900 €/month and 100% of the rental income, with a duration of up to 6 months and may include the first month of April 2020.

In the event of having acceded to the transitory financing aid collected in scope 9 of the Royal Decree 11/2020, the aid may reach a maximum amount of € 5,400, for which the payment of the rent will be fully or permanently satisfied. of the habitual residence.

The competent bodies of each CCAA will determine the exact amount of these grants, within the limits established for this program. They may request advice from the corresponding regional or local social services or enable any other mechanism that allows them to assess the degree of vulnerability.

In the event that the lessee had requested a loan to pay the rent, said aid will be used to repay the loan, as long as it is less than the aid received. Once the loan is amortized, the remaining part may go to the payment of new monthly installments of the rent.

The amount of the aid is compatible with any other aid that was received for the payment of the rent as long as the payment of the aid does not exceed the monthly rent. In case of exceeding it, the amount necessary to comply with said limit will be reduced.

Is there any other help?

Apart from the aforementioned, you can also request help for victims of gender violence, people evicted from their usual home, homeless people and other especially vulnerable people. It aims to provide a housing solution to the groups discussed above. The amount of this aid is:

  • Up to 600 €/month and up to 100% of the rent or occupancy price of the established property. In cases duly justified by the aid granting body, it may reach up to 900 €/month and up to 100% of the rent or occupancy price, established.
  • Up to 200 €/month to cover maintenance, community and basic supplies expenses with a limit of 100% of them. These grants may be granted for a maximum term of 5 years.

In addition, the CCAA will make available to the beneficiary a house that is publicly owned, or that has been assigned for use to a public administration, even if it maintains private ownership, to be occupied under a rental, assignment of use, or in any regime of temporary occupation admitted in law. When this type of housing is not available, the aid may be applied to suitable, privately owned housing or to any residential accommodation or facilities that may be occupied by the beneficiaries, in the same regimes.

How are these private homes managed for social use?

As a measure to increase the public and social housing stock for rental or cession of use, home buyers may obtain a subsidy proportional to the useful area of ​​each home, up to a maximum of 400 €/M2. The maximum amount of this grant may not exceed 60% of the acquisition price or cost, including taxes, fees, tributes, notary and registration expenses and any other expenses inherent to the acquisition. This subsidy will be paid to the beneficiary prior to the formalization of the public deed of sale, the payment being expressly conditioned on the effective formalization of the sale. The acquisition of homes must be formalized within a maximum period of 6 months from the recognition of the aid and 3 months from the conditional payment of the same.

The price of the rental or of its assignment in use of the public and social housing for rent acquired with the help of this program must be limited. This limitation may be established by the CCAA, being in any case less than 5.5 € / m2 per month of useful area. The update of this price will be determined by the CCAA.

These public and social dwellings whose acquisition has been financed with the help of this program may only be rented or transferred in use to people whose income, including that of all the people who make up the living unit, does not exceed 3 times the IPREM or 4 times the IPREM or 5 times the IPREM in the case of large families of a special category or people with disabilities of any of the following types (people with mental illness equal to or greater than 33%, or people with physical disabilities equal to or greater than 65%.

What do we think about these measures?

From Grup Solfinc, we consider that the responsibility with the aid has to come from the public organisms, by means of the taxes that are paid. That is why we consider that the CCAA should not be able to be awarded for private homes. Not at least in this free interpretation, where it is not specified in which cases a house is susceptible to this. These measures can reach a turning point where the owner who owns a rental apartment is criminalized, causing many of them to be overcome by this situation and decide to sell the property. This can lead to negative action, causing fewer flats in the rental market, destabilizing it.

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