The seasonal rental contract, traditionally a tool for specific uses such as holidays, studies or temporary work relocations, has become the focus of an intense debate on the Spanish housing market. Now, almost a year after its registration, the Congress of Deputies has decided to put an end to this situation, reactivating a bill promoted by the PSOE that seeks to precisely regulate this type of rental contract. Flexible Accommodation.
The rise of this formula is no coincidence. Faced with the regulations of the Housing Law, such as the price caps in stressed areas or the minimum duration of contracts, many landlords have found in seasonal rentals a way around these limitations. This has led to a massive shift from traditional residential supply towards short-term contracts, often of 11 months, which in practice cover permanent housing needs. In cities such as Madrid and Barcelona, seasonal rental supply already accounts for about 30% of the total.
The key to the new regulation lies in a paradigm shift: the purpose of the rental takes precedence over the duration stipulated in the contract. In other words, if it can be shown that a tenant is using the dwelling as his or her usual and permanent residence, the contract will be considered a traditional residential tenancy, regardless of whether it has been signed as «seasonal». This would imply the application of all the protections and regulations of the Housing Act.
The law seeks to clearly differentiate the Flexible Accommodation The burden of proof as to the legitimacy of the contract -that which is intended to cover a real temporary need for reasons of leisure, study or work- of those leases which, in practice, are a simulation to avoid the regulations. The burden of proof regarding the temporary nature and justification of the contract will fall on the lessor.
This legislative move is, in essence, an attempt to rebalance the rental game board in Spain, closing one of the main escape routes to regulation. Its approval, which could come in the next few months, will force a clarification in the market and will have a direct impact on the way in which the rental market is managed and offered. Flexible Accommodation in the country.
