The transition from owner to tenant: the legal framework

Selling your property and remaining in it under a tenancy agreement is an operation technically known as a sale and leaseback or sale with guaranteed rent. Even if you know the property inside out from having been its previous owner, your legal role changes radically the moment the public title deed of sale and the tenancy agreement are signed.

From that moment on, responsibility for maintaining the property no longer depends on your judgment as the former owner, but strictly adheres to Article 21 of the Urban Tenancies Act (LAU). The rule clearly distinguishes between essential maintenance repairs to keep the home habitable and minor works arising from everyday wear and tear.

Repairs that fall to the buyer (new landlord)

The buyer acquires the property with all the legal obligations inherent to the role of landlord. This means they must ensure the property meets the essential habitability conditions at all times to serve as a primary residence. If a fault arises in the basic facilities or structural deterioration occurs, the cost falls on the new owner.

The repairs and interventions that fall to the landlord include the following:

• Heating and hot water systems: the repair or replacement of the boiler, electric water heater or radiators when they stop working due to age or technical breakdown.
• Electrical and plumbing installations: repairing embedded pipes, main downpipes, damp caused by broken pipework or faults in the consumer unit.
• Structural elements: repairing roofs, facades, wall cracks or leaks not caused by misuse of the facilities.
• Replacement of main household appliances: if the property was rented equipped with appliances in the contract and these suffer a serious breakdown due to age, the owner is responsible for their repair or replacement.

Repairs that fall to the tenant (former owner)

On the other hand, regulations establish that minor repairs or those caused by everyday use are the tenant's responsibility. Having been the previous owner does not exempt you from the standard obligations of any tenant, nor does it give you the right to charge all maintenance expenses to the buyer.

As a tenant of the property you sold, you must cover the following expenses:

• Minor repairs due to daily wear and tear: replacing light bulbs, changing washers or seals in taps, fixing door handles or repairing roller blind straps.
• Routine maintenance: cleaning air conditioning filters, bleeding radiators at the start of winter and clearing minor blockages in traps and drains.
• Damage due to negligence or misuse: any breakage or breakdown caused by carelessness, accidents or improper use of household items.

Specific clauses in the sale and rental agreement

In sale and leaseback transactions, it is common to negotiate specific terms. Sometimes, to adjust the final purchase price or set a lower monthly rent, the parties agree to distribute maintenance expenses differently from what is provided by default in general legislation.

To ensure these agreements are legally valid and transparent, it is essential to set them out explicitly in the contract. When structuring these transactions, seeking advice from mortgage credit intermediaries and legal drafting experts allows the agreement to be arranged with maximum legal guarantees and avoids future disputes over property maintenance.

If the transferred property is subject to a social housing regime in the Comunidad de Madrid, it will also be necessary to check that the terms of the tenancy agreement comply with the price caps and conditions required by current regional regulations.

Procedure for reporting and managing a breakdown

When you detect an issue in the property that needs to be resolved by the new owner, it is necessary to act systematically to prevent further damage. The following procedure is recommended:

1. Written notification: inform the owner formally (by email or burofax), detailing the problem and attaching photos or technical reports if available.
2. Allow inspection: as a tenant, you are required to allow access to the property to the owner or authorised technicians to assess and repair the damage.
3. Emergency action: if the breakdown causes imminent and serious damage, you may arrange an urgent repair after formally notifying the owner, subsequently requesting reimbursement of the costs.

Frequently asked questions about rental repairs following a sale

What happens if the boiler breaks down a few weeks after selling the house?

Unless deliberate misuse by the tenant is proven, repairing or replacing the boiler is the new owner's responsibility. If the owner considers there was a hidden defect prior to the sale, they must handle it independently from the tenancy relationship, without neglecting their obligation to maintain the property's habitability.

Can I deduct the cost of a repair from the monthly rent payment?

No. The Urban Tenancies Act does not allow tenants to unilaterally offset the cost of a repair by deducting it from rent payments. Partial non-payment of rent can lead to eviction proceedings, so financial claims must always be processed through the proper channels without withholding rent payments.