Help, I have noisy neighbours 

Local 16I HAVE received several letters from readers about my column on the Community of Owners, and this week I am replying some of them.

I enjoyed your article on the community owners’ duties. Could you please expand on this? What, for example, happens if the property is not registered with the tourist rental community? Is there a fine? What are the penalties or rights?

Regards. D.R.

I assume that when you refer to “tourist rental community”, you mean the “Tourist Board of Canary Government”. I have written several columns about this issue.

The holiday renting is different from “long-term renting” or “residential rent”.

In the first case, the rental is considered tourist activity and, according to the Tourist Canary Law, this should be registered at the Tourist Board.

The European rules and judgements of the Superior Court of Canary Islands say no licence is required, and that is why many owners have been fined – not for the lack of licence but for the lack of a Visitors’ Book. I will be back with this topic in future columns because it exceeds the Community of Owners’ rules.

WHAT can I do if my next-door neighbour is too noisy? It looks as though he is doing a kind of industrial activity at home, and from early in the morning.

Regards, A.T.

Your next-door neighbour lives in an apartment in which an “industrial” activity is not permitted.  Normally, in the Statutes of the Community, this type of activity is not allowed in residential .apartments.

I believe you should contact the Community Administrator. He will contact your neighbour and should find a solution.

If the neighbour does not change his attitude, the Law (and probably the Statutes) have different types of solutions you can use, such as taking him to Court.

I am renting an apartment. Who is enforced to pay minor repairs?

Thanks, T.U.

According to the Rental Agreements Law (LAU), minor repairs must be paid by the tenant (lessee). Sometimes, is difficult to determine what “minor repairs” mean. Normally, they originate from general wear and tear.

But the LAU accepts (in letting contract) clauses agreed between lessee and landlord, that the latter undertakes to pay for minor repairs.





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Posted by on Apr 17 2015. Filed under Legal Matters. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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