Supreme Reason for Madrid Housing and Fixed Company, tenants pay community expenses | The economy
The Madrid City Council has won a legal battle faced by several public protection housing tenants for community expenses. As established, the Supreme Court has approved that these simple costs are for all neighbors as tenants Lease contractsThis is because it allows Madrid law in matters. Thus, the magistrates of the Civil Chamber rejected the application of the Urban Lease Law (LAU), which forced to calculate the cost, for official defense homes
This is a problem, so far, there is no unanimous standard in court, as the Supreme Court suggested, he admitted the appeal Municipal Housing and Land Company of Madrid (EMVS). The High Court has warned that the High Court may have been focusing on the demand for more than twenty tenants to submit against the municipal company Similar conditions in other provinces. Therefore, he agreed to analyze this for the relevant economic evolution that discussed and to the public institutions in the Madrid society, even at the state level, without profit and limited income, for the public institutions responsible for the management and administration of the law.
The case reached the Supreme Court, raising EMVs against the ruling of Madrid’s Provincial Court of Madrid on November 2021, which assessed the behaviors of tenants when it felt that it did not meet legal requirements, thus bearing the cost of society (in this case). In analyzed cases – tenants noticed that the tenants had to take care of the costs of the tenant’s over 41 and 68 euros per month, however, it did not meet the need to calculate their annual amount to the contract date, indicated in the Article 20 of the Urban Lease Act (LAU).
The Supreme Court is contrary to the Civil Chamber provincial court and this is sufficient because it is established in Madrid’s regional law by the inclusion of this provision in the contract. In a sentence issued on May 9, and the magistrates were announced on Tuesday, the first additional clause of LAU, in its Section 8, was announced by the provisions of the leases of official public promotion protection Special provisions of each autonomous community About the housing taken to this type of lease. In this regard, the law that regulates the housing rent is applied to “when the lease is subject to specific regulations”.
In the Madrid case, the regional standards allow the tenant to receive the tenant, “In addition to the relevant initial or revised rent, the real cost of services experienced by the tenant will be satisfied.” For this, it is necessary, the resolution will continue, the relevant contract of the standard limit, the real cost of the service received by the tenant’s services, is only effective, without the requirement of its total specification in its annual computation to the contract date, without the requirement of its total. “
In conclusion, the High Court feels that the general standard does not apply, “no circumstances and interferes with the homes of the free market”, with limited income when subject to official houses and autonomous law. In this line, as mentioned, as stated by tenants, there is no legal affiliate (technology to cover legal gaps) that justifies the application of Article 20.1 of LAAU, because “there is no lagoon to supply, to complete the terms of the public protection housing, to determine the content of the lease of public protection housing.
