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PROPERTY

Is getting rental default insurance worth it for landlords in Spain?

One situation that many landlords worry about is what if my tenants can’t pay the rent because of some extenuating circumstance. One way of putting your mind at ease is to get rental default insurance – but is it worth it?

Is getting rental default insurance worth it for landlords in Spain?
Is rental default insurance worth it in Spain? Photo: JOSE JORDAN / STR / AFP

If your tenants are no longer able to pay rent because they lose their job, fall ill or have to quit their work because they need to look after a family member, it can cause a difficult situation.

As a landlord, you want to be understanding, but renting out your property may also be your business and most likely you rely on the income to pay your monthly bills.

So, what can you do?

You can protect yourself by getting rental default insurance, which does exactly what sounds like – it allows homeowners to protect themselves against possible non-payment.  

What is it and how does it work? 

The insurance policy guarantees that homeowners can continue collecting the rental income, even if the tenant stops paying. It offers an alternative to requesting hefty deposits from renters, that they often can’t afford.  

Many insurance companies also offer an additional service, which is a study of a tenant’s financial situation, as a way of preventing these types of situations.

These policies also offer a lot more than just covering unpaid rent though, they also include lawyers’ fees, legal advice, payment for a locksmith in case of eviction, and compensation for vandalism. They can also act as a mediator between the landlord and the tenant.

Is it necessary?

According to the latest data available, luckily this claim is not made often. It accounts for around six percent of insurance claims, while the other 94 percent are other claims due to property damage for example.

The low rate of claims is partly thanks to the types of financial studies being carried out.

However, these incidents have been increasing according to the Rental Home Owners Association and the Delinquent Tenant File, particularly due to the Covid-19 pandemic, and now inflation is making it more difficult for tenants to keep up with rental payments too.  

The latest data from the Spanish Rental Insurance Observatory (OESA) revealed that the number of landlords who took out this insurance in 2020, almost doubled.

They predict that around 30 percent of rental contracts signed in 2021 included this type of insurance and in the big cities of Madrid and Barcelona, it’s estimated to be around 40 percent.

Cost

One factor to keep in mind is the price. Rental default insurance is far more expensive than other types of insurance for landlords.

In general, the cost of the insurance is equivalent to 3-5 percent of the rental value. A report published by Unespa, employers of insurance companies in Spain, each case generates an average loss of €3,179, while damages generate a loss of €336.

Opinions  

Last year, the Organisation of Consumers and Users (OCU) analysed the services offered by agencies that guarantee the collection of rental income. In conclusion, the agency recommended avoiding hiring these companies, given that “a well-informed owner can manage the rental satisfactorily and cover the risk of non-payment through a good insurance policy, at a lower cost”. 

However, they were mostly saying that you could save money if you manage all the rental services yourself without hiring an agency at all.

José Ramón Zurdo, general director of the firm Negotiating Rental Agency denied these claims saying that “a large part of the rental problems originate from poor management”.

What do I need to look out for when getting this insurance? 

According to the Spanish Rental Insurance Observatory (OESA), there are several points you need to look at when buying this insurance.

  • You need to confirm that the product offered is really insurance. Many private companies offer rental guarantees under the guise of insurance when they really are not.
  • You can check if the company is legit and what its financial situation is like by looking at the General Directorate of Insurance, Funds and Pensions (DGSFP).
  • Hire the rental policy through an insurance brokerage, which helps you find the best type of insurance for you. 
  • Find out what other coverage the policy includes in addition to non-payment such as lawyer and solicitor expenses if you to go to court.
  • Hire a specialised policy, not linked to regular home insurance. 
  • Opt for insurance for at least one year. This is because, due to the usual in the case of non-payment of rent, a contract for a period of fewer than twelve months would be insufficient to cover all the money not received during the unpaid months.
  • Renew the insurance every year. According to the OESA, “it is usual to pay the first year and then decide not to renew because the tenants are trusted.” But as the situations change, there is still a risk. 

What do I need to contract this insurance? 

In order to take out the rental default insurance, a study of the tenant’s solvency must be approved and they will not be able to spend more than 40 percent of their income on rent.

If the tenants are salaried employees you’ll need their last two pay slips, an employment contract, ID and an application form signed by the tenants.

If the tenants are self-employed they will need to show their last income tax return, the last two social security payments, ID and a signed application.

And if the tenants are pensioners, they will need to show a pension certificate issued by Social Security, ID and a signed application.

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PROPERTY

Spain’s plan to limit temporary accommodation rejected

Spain's left-wing government had planned to tighten its grip on temporary accommodation rentals as a potential means of making more long-term rentals available, but the country's right-wing parties on Tuesday rejected the proposal in parliament.

Spain's plan to limit temporary accommodation rejected

If passed, the new law would have meant that anyone who wanted to temporarily rent a property would have to explain why and provide a valid reason.

For example, students or researchers would have to show the research contract or course booking to show it would only last a few months.

It would have also meant that if more than six months passed or more than two consecutive contracts issued, it will have automatically become a long-term habitual residence instead.

On Tuesday September 17th, the proposal was ultimately rejected in the Spanish Congress, voted against by Spain’s three main right-wing parties – Catalan nationalists Junts, Spain’s main opposition party the PP and far-right Vox.

The aim in part was to try and rectify the controversial Housing Law, which came into effect in 2023.

In most people’s eyes, the legislation has failed as landlords have found several loopholes to get around the restrictions, prices have continued to increase and the stock of rental properties is even more diminished.

READ ALSO: Has Spain’s Housing Law completely failed to control rents?

As a result of the fear of heightened regulation for landlords, many have left the traditional market and turned to tourist rentals or temporary accommodation instead, which are far more lucrative. 

This has had the opposite effect, increasing rental prices instead of stabilising or decreasing them.

READ MORE: Why landlords in Spain leave their flats empty rather than rent long-term

Seasonal contracts and room rentals allow landlords to raise prices every six or nine months and they not subject to the price limitations of the housing law.

The idea of this new law was to try and set the maximum duration of a temporary rental contracts at six months in order to avoid this, but it could have potentially also caused problems for many who need this type accommodation such as students, digital nomads, those living here on a short term basis etc. 

During the debate, Sumar’s spokesperson, Íñigo Errejón, defended the law saying that it is a “solvent”, “fair” and “precise” proposal, which will help “correct an abuse” and “close the gap through which “Landlords can use to avoid the LAU (Urban Leasing Law) and rent regulation”.  

Far-left party Podemos blamed the ruling PSOE for having left this “hole” in the housing law, but also agreed that the restrictions on temporary accommodation were needed to try and rectify this.

READ ALSO: Has Spain’s Housing Law completely failed to control rents?

Junts (Catalonia’s main pro-independence party) and the PNV, the Basque nationalist party, were firmly against it. They agreed that the problem must be solved and that “accessible decent housing was needed”, but raised the situation of students, interns, residents or workers who need housing for flexible periods.

Junts party member Marta Madrenas warned of the harmful effects that this limitation on temporary rentals can have for university cities such as Girona.

Vox and the PP meanwhile argued that they don’t want to help cover up the mistakes made by the left with regards to the Housing Law.

Vox deputy Ignacio Hoces stated that the increase in seasonal rentals has occurred due to the “failure” of the Housing Law, since this has caused rental prices to “skyrocketed” by 13 percent and the supply to be reduced by 15 percent.

Temporary accommodation, referred to as alquiler temporal or alquiler de temporada in Spanish, is considered to be anything that’s longer than a month but shorter than a year, middle ground between short-term and long-term rentals. It is also referred to as monthly accommodation or seasonal accommodation.

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