Ashotel sets up system for illegal letting denuncias in its own name to both Turismo and the tax authorities

Ashotel sets up system for illegal letting denuncias in its own name to both Turismo and the tax authorities

I am grateful to René Campen of Hestria, administrator of complexes, for drawing my attention to Ashotel’s new provision of a means to denounce illegal letting through the hoteliers’ association itself, with all the weight it carries. Moreover, Ashotel will take the information put into the form on THIS page and denounce not just to Turismo, but also to the tax office.

Ashotel itself says its collaboration with the tax and tourism authorities is intended to put an end to what it classes as unfair competition which damages the island’s reputation and its tourism quality, and is directly aimed at inreasing denuncias of illegal letting in the main tourist areas. The form will allow anyone to inform – as owner or concerned person – on any situation where illegal letting is thought to be taking place, either by the property’s owners or by agents unauthorized by Turismo.

Ashotel says that it will only be able to issue denuncias in its own name for those who are its members but will assist fully anyone who is not an Ashotel member who wishes to make a denuncia. It says that both the association and the Agencia Tributaria guarantee informers anonymity and total confidentiality.

 

18 Comments

  1. Hello Janet Anscombe
    I would like to take this opportunity to thank Rene Campen of Hestria, for flagging this up, if this is correct this may put the cat amongst the pigeons, so interesting times ahead.

    Regards – Ken Shade

  2. Thx Janet ,
    do you know the adress or email of ASHOTEL ?
    regards ,
    Rafkec

  3. Author

    Yes, if you click the link to the form in the post above it will take you direct to their website with all contact information on it.

  4. Well, thats one way to deal with competition. This is what a vested interest looks like folks. Scandalous.

  5. It looks like you can complete that form directly on line and send it automatically to the relevant section in Ashotel by pressing the Send link. (Enviar) A very simple process.

  6. If you are an owner in a residential complex that is blighted by illegal letting all around you, you will not be saying that what Ashotel is doing is scandalous. Many law abiding owners are afraid of issuing denuncias against illegal renters because of the real risk of reprisals. This anonymous process removes the risk of reprisals.

  7. I doubt this is going to be as straight forward as the initial info seems to be implying. The last round of fines issued ( 2010 – 2011) were largely dismissed in court. I seem to recall they were based soley on copies of commercial (internet) adverts giving a commercial rental. IIRC the judgement was this was deemed insufficient and unsustainable in court with more substantial evidence needed.

  8. Author

    The situation has changed completely now, Peter, and is beyond recognition compared to the one you’re talking about. The fines that are currently being issued aren’t even getting to Court because they are issued after inspection and people know they can’t be appealed because the case is clear and solid. You are talking about a time a few years ago, but the inspectorate now inspects fully, and no fines are published in the BOC because none are undeliverable … because home addresses of owners are established as part of the inspection.

    I know several people who have taken this lack of BOC activity to mean that no fines are now being issued but just to be absolutely clear – you are wrong when you say that three or so years ago was “the last round of fines”. There was never “a round of fines” … they have never stopped! The system has changed, however, and what happens now is a direct result of the Courts throwing fines out on appeal in the period you’re referring to – not at all least because of the association Alotca of which I was a founding member with local lawyers and estate agents, and of which I was president one year. Those early fines were indeed based on internet adverts only, and were patently unfairly imposed, and that was why we set up the association to defend owners who were not being treated fairly.

    With regard to what Ashotel is doing, however, it really is very straightforward. Fill in the form and if you’re a member, the hotel association will denounce on your behalf, and if not, they’ll advise how best to get the inspectors straight on the case. I would just stress, however, that this post is not an attempt to push anyone’s agenda, nor incite denuncias, but to inform … and it is those who are illegally letting who also need to know about this because their risk is not only now increased, it is more than doubled because it is not just Turismo who will be on their case, but the tax authorities as well.

  9. So if I continue to allow family members to use the residential apartment (no rental paid) or if friends use it for 3 months on a contract this is legal.

  10. Author

    You are allowed personal use … it is quite clear. As long as money doesn’t change hands and you have guests with whom you would share the apartment, whether you personally are there or not, you are enjoying personal private use. As I have said too many times to count, “family and friends” has no meaning in Spanish law. You are allowed private use, including personal guests, whether present or not. As to a contract, though, why would you give personal friends with whom you would share the apartment a contract?

    As to 3 month contracts for people who are not personal guests, that needs to be a specific use contract … with a normal address other than the apartment. See HERE where I have explained it in detail.

  11. Thanks Janet. Just to be clear I have some « personal guests » mostly family members who use the apartment several times a year but dont pay any rent.

    The friends who want to stay 3 months next year January to March are insisting on paying a contribution to costs hence why I felt the need to fomalise the use with a contract. They are uk based pensioners so the stay would be temporary.

    I dont think they see this has a 3 month holiday but rather a change of residence to avoid the English winter.

  12. Author

    You can give a three-month rental without it being a problem as far as Turismo is concerned, but the contract should state their habitual address and the reason (non-touristic) for the temporada (could be “recuperación” … i.e. recuperation from an illness) … see HERE.

  13. Rest and Recuperation 😊 many thanks again.

  14. This measure, combined with the new legal obligation (Jan 2018) on sites like Airbnb to advise the Tax Authorities details of their advertisers, may prevent the growth of “illegal holiday renting” it will not eliminate it. There are businesses involved in this activity who ignore challenges and have a lot to loose.
    The disruption and pressure on facilities caused by “holidaymakers” as opposed to residents in and owners of complexes is the reason more action is needed.

  15. The family and friends does not wash anymore.

    Everybody who risks losing lucrative cash in hand is just going to say they are family and friends who do not contribute or pay anything…Really ??..I don’t believe a word of it.

    We had 2 apartments on our complex using this excuse and when various owners questioned the so called renters they were all paying cash in hand.These two apartments were reported and fined and have now both been sold and the dishonest owners who though they were untouchable have left the complex.

    Its easy to report and find out as people who illegibly rent can’t help boasting about how they work cash in hand and don’t contribute any taxes to the island and have very little respect for the communities they buy on.

  16. So what about estate agents forcing people out apartments saying they are up for sale ??

  17. Author

    That cannot happen to anyone with a proper legal contract as I explain HERE. The importance of ensuring you have an appropriate and fully legal rental contract is something I’ve repeatedly tried to warn about.

Leave a Reply

Your email address will not be published. Required fields are marked *