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Spain's Ministry of Consumer Affairs is investigating Alquiler Seguro - a real estate company - on suspicion that it charges illegal fees to tenants. The complaint came from national consumer organisations, such as Facua, that reported possible abusive practices, which do not comply with the housing law. More specifically, the violation consists of charging tenants for property management, contract formalisation and other fees that, since 2023, fall solely on the landlord.
If the ministry finds Alquiler Seguro guilty, the company will face a fine from 100,000 to one million euros, depending on the gravity of the case. The particular case that caught Facua's attention was that of a tenant in Madrid who was forced to pay one month's rent plus 21% IVA sales tax for real estate services.
Such alleged abusive practices are increasingly common at a time of a housing crisis in Spain, which leaves people looking for a home in desperate situations and in higher risk of scams. According to Facua and the abovementioned incident, Alquiler Seguro stated that it has ceased the practice. However, the increasing number of alleged irregularities in recent months has prompted the government to take action.
Alquiler Seguro has issued a robust statement to assure clients that it complies "strictly" with the law. "All the services and processes carried out by the company are audited and voluntary," it said, stating that the services offered are "public" and "can be consulted openly on the web".
The company said that it complies with the regulation that requires that the costs of management and formalisation of the contract fall exclusively on the landlord. Regarding the opening of the sanctioning proceedings, Alquiler Seguro stated that it is open to collaborating with the ministry.
Consumer Affairs head Pablo Bustinduy is also investigating other agencies for charging illegal commissions to tenants and for forcing them to contract unsolicited services. This new sanctioning procedure is part of the investigation that began last October following complaints from the Sindicato de Inquilinas-CECU, Facua and the OCU (another one of Spain's consumer organisation). The complaints have highlighted infringements such as asking tenants to pay a commission for the management of the lease, imposing the contracting of insurance or the obligation to contract services not requested by the tenant.
This new sanctioning procedure by the Consumer Affairs department joins another one, also in the field of housing, that the department headed by Bustinduy opened three months ago against Airbnb. The case was opened because the tourist accommodation rental platform maintains thousands of advertisements classified as illegal. The ministry asked the platform to immediately remove these advertisements, but it was met with refusal, which advanced the case.
"Housing is a right and a basic necessity protected by law. All these initiatives are part of the objective set as a priority action of the Ministry of Social Rights and Consumer Affairs to protect the rights of consumers in access to housing," the ministry said in a statement.
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