Housing

To be eligible for these measures, you have to meet all the following requirements:

• The renter (tenant) must have a habitual home rent agreement subject to the Urban Leases Act nº 29/1994 of 24 November, which excludes rent agreements for uses other than housing (premises, shops, professional offices, temporary housing agreements, etc.).
• Any renter (tenant) who is in a situation of economic vulnerability in accordance with the definition laid down in Art. 5., for which it will be necessary to comply with each and every one of the following requirements:
  • That the person obliged to pay the rent passes into a situation of unemployment or is affected by a Temporary Redundancy Plan (ERTO) or has seen their working hours reduced due to care obligations, in the case of entrepreneurs, which signify a substantial loss of their income.
  • That the sum total of the income of the family unit, calculated in the month prior to the application for moratorium, does not exceed the following limits established in Art. 5 RD 11/2020:
    • 3 times the monthly IPREM (Public Multiple-Effect Income Indicator). This limit will be increased by 0.1 times the IPREM for each dependent child, (or, in the case of single-parent family units by 0.15 times the IPREM per child), and by 0.1 times the IPREM for each member of the family unit over 65 years of age.
  • 4 times the IPREM if one or more members of the family unit is certified a degree of disability greater than 33%, or is in a situation of dependence or illness which in a certified manner permanently disables them from any work activity. This limit will be increased by 0.1 times the IPREM for each dependent child, (or, in the case of single-parent family units by 0.15 times the IPREM per child).
  • 5 times the IPREM if the person obliged to pay the rent suffers from cerebral palsy, mental illness or intellectual disability, with a recognised degree of disability equal to or greater than 33%; is a person with physical or sensorial disability, with a recognised degree of disability equal to or greater than 65%; or suffers from a serious illness which in a certified manner disables that person or their carer from performing any work activity.

• That the rent, plus the expenses and basic supplies of the home (electricity, electricity, gas, heating oil, telephone, community fees) are equal to or greater than 35% of the net income of the family unit.

€ rent+€ supplies >= 35% income

• That no member of the family unit living in the home is the owner or usufructuary of any home in Spanish territory. This requirement will not apply when either of the following circumstances occur:
  • When the right devolves on a proportional part of the home and this has been acquired by succession mortis causa.
  • When the members of the family unit, in spite of being owners of a home located within Spanish territory, cannot make use of it due to separation or divorce, for any other reason beyond their control or when the home is inaccessible due to disability of its owner or of another member of their cohabitation unit

Anyone who is the holder of a rent agreement for their habitual residence with a termination date between 2 April and until 31 January 2021 may request an extraordinary extension of the rent agreement for a maximum period of 6 months. This extension must be accepted obligatorily by the lessor, unless the parties reach another type of agreement. Here you can find a document template to request it.

This option open to the lessee is obligatory for the lessor, whether a legal or natural person.

If the lessee’s rent agreement terminated before 2 April, the extension of the agreement can also be requested, but in this case, as it is a date prior to the declaration of the State of Alarm, the lessor does NOT have the obligation to accept it.

If you have lost your employment as a consequence of the sanitary emergency generated by Covid-19 and you fall into the cases of unforeseen economic vulnerability defined in RDL 11/2020, you can request a moratorium or postponement of the rent of your home. The request is of obligatory acceptance by large-scale landlords and public housing companies or entities, and is voluntary for other homeowners, unless other types of agreements of postponement or total or partial cancellation of the debt have been reached. In the case of large-scale landlords and public companies or entities, the moratorium will apply for a maximum period of 4 months and the payment of the accumulated debt will begin to be fragmented from the monthly instalment following the termination of the State of Alarm.

The moratorium or postponement can be requested until 9 August 2021.

The extraordinary 6-month extension of the agreement can also be requested, provided this terminated within the period between 2 April and 31 January 2021. You can find a request form here.

If the landlord does not accept the proposed agreement, you can access the Transitional financing aids guaranteed by the State. The maximum amount is 6 monthly rent instalments with a return period of 6 years, which exceptionally could be extended for 4 years more.

This programme of ICO credits is currently pending activation. We will update this information at the moment they are implemented.

If the landlord has at least 10 homes or a number of homes which constitute a built-up area of more than 1,500 m2, it will be obliged to accept the 50% rent reduction or the moratorium in the terms laid down in RDL 11/2020 proposed by the tenant if they are in a situation of vulnerability as a consequence of the sanitary emergency generated by Covid-19.

As long as the State of Alarm persists, a judicial claim for eviction can be submitted to the courts, but it is necessary to know that all the procedural stages are suspended. Consequently, we recommend that the landlord accept an agreement, reduction or moratorium in order to avoid situations of litigation and a possible loss of housing. We remind landlords that we have various programmes of mobilisation of apartments towards affordable rental such as the Rental Housing Pool.

You can submit a request for moratorium, postponement or reduction by sending this form by bureaufax to the landlord, who will reply telling you whether or not they are a large-scale landlord, and therefore whether or not they are obliged to apply the conditions laid down in RDL 11/2020 for a moratorium or reduction of the rent.

In any case, if you want to verify whether the owner of your home is a large-scale landlord, that is to say, if they own more than ten urban buildings (excluding garages and storerooms) or a built-up area of more than 1,500 m2, you can request an index of homeowners from the Land Registry, providing the details of the homeowner. This document constitutes the list of registers of that landlord’s properties. You could then request simple Registry notes on those properties to know the characteristics of each one.

RDL 11/2020 rules that if the tenant has difficulties in paying the rent and meets the requirements of economic vulnerability (see question 1), they may request from the proprietor, whether this is a company, among others, a temporary and extraordinary postponement of the rent, provided no agreement on postponement or total or partial cancellation of the rent has been reached between the two parties.

• If there is no voluntary agreement, within a maximum of 7 business days of the tenant’s request the proprietor company must announce its decision between these two options:
• A 50% reduction of the rent as long as the State of Alarm persists, and the following monthly instalments if that period proves to be insufficient in relation with the situation of vulnerability caused by Covid-19, with a maximum of 4 months.
• A moratorium of payment of the rent, automatically applicable as long as the State of Alarm persists, and the following monthly instalments (which can be extended one by one), if that period proves to be insufficient in relation with the situation of vulnerability caused by Covid-19, with a maximum of 4 months. This moratorium will observe the requirements laid down in Art. 4.2.b of RDL 11/2020.

This request must be made until 9 August 2021. Here you have a form for submitting the request.

RDL 11/2020 provides for mechanisms for reaching agreements of moratoria, cancellations or reductions of rent for tenants of habitual residences who have found themselves forced into a situation of economic vulnerability as a consequence of the sanitary emergency caused by Covid-19.

If it is not possible to reach a voluntary agreement between the parties, the regulations have included the obligation of accepting, on request, moratoria or reductions of rent in the case of large-scale landlords, public housing companies or entities, along with State-guaranteed interest-free transitory financial assistance to help with these situations.

If the proprietor is not a large-scale landlord and does not accept any proposal, it can only have recourse to the judicial route to demand payment or eviction: it may file the claim, but during the State of Alarm all the procedural stages are suspended.

The tenant may apply for assistance via an ICO credit to cover this rent owed. This programme of ICO credits is currently pending activation. We will update this information at the moment they are implemented.

RDL 11/2020 provides for the creation of a new rent assistance programme named “Assistance programme for helping to minimise the economic and social impact of Covid-19 in habitual-residence homes”.

This programme will be aimed at granting rent assistance, by means of direct adjudication, to people renting their habitual residence who, as a consequence of the economic and social impact of Covid-19, have transitional problems in paying their rent and who meet the established requirements of vulnerability. Without prejudice to other actions, these forms of assistance will have the purpose of tackling the difficulty of returning the transitional financing aids (interest-free ICO microcredits). This assistance programme is currently pending development by means of a Ministerial Order and by way of the competent bodies of each Autonomous Community. We will update this information at the moment the programme is implemented.

A rent moratorium or postponement means that the unpaid rent bills will have to be paid later, on a pro-rata basis during the remainder of the rent agreement.

A rent moratorium can be requested by any tenant with a rent agreement on their habitual residence who is in a situation of unforeseen economic vulnerability, when their landlord is a large-scale landlord or a public housing company or entity.

If the proprietor is not a large-scale landlord, the tenant can negotiate a moratorium, but the owner is not obliged to accept it.

A rent moratorium can be requested during the period of the State of Alarm and, if necessary, during the following months, extendible one by one up to a maximum of 4 months.

The tenant has three months from the entry into force of RDL 11/2020 to request the postponement of the payment of the rent owed, that is to say, it can be requested from 2 April 2020 until 9 August 2021.

A tenant who is in a situation of unforeseen economic vulnerability will have to contact the lessor/homeowner to request the automatic moratorium of the rent owed, ensuring that a record is made of the communication, explaining the situation of unforeseen economic vulnerability and certifying compliance with the requirements. You can find a standard document here.

Once the landlord has received the request for a rent moratorium, it has a maximum period of 7 business days (not counting holidays, Saturdays or Sundays) to inform the tenant of the chosen option of application between the two possible alternatives.

It means finding oneself in a case of economic vulnerability as a consequence of the sanitary emergency caused by Covid-19, which requires the joint occurrence of the following requirements: 

• That the person obliged to pay the rent passes into a situation of unemployment or is affected by a Temporary Redundancy Plan (ERTO) or has seen their working hours reduced due to care obligations, in the case of entrepreneurs, which signify a substantial loss of their income, provided the sum total of the income of the family unit, calculated in the month prior to the application for moratorium, does not exceed the following limits established in Art. 5 RDL 11/2020 (see question 1).
• That the rent, plus the expenses and basic supplies of the home (electricity, water, gas, heating oil, telephone and community fees) are equal to or greater than 35% of the net income of the family unit.

To certify the situation of unforeseen economic vulnerability, the following documentation must be forwarded to the lessor (proprietor): 

• Certificate of unemployment benefit issued by the responsible body, with the monthly amount to be received.
• Certificate issued by the Inland Revenue Agency (AEAT) or the competent body of the Autonomous Community on the basis of the declaration of cease of activity declared by the interested party in the case of self-employed workers
• Number of people living in the home, supplying:
  • Family register or certifying document of civil partnership.
  • Municipal registration certificate relating to the persons registered in the home, with reference to the moment of submission of the certifying documents and of the 6 previous months. You can carry out this formality by calling 010.
  • Declaration of disability, dependence or permanent incapacity for work activity.
• Simple note from the index service of the Land Registry of all the members of the family unit.
• Sworn declaration by the debtors that they comply with the established requirements to be considered lacking sufficient economic resources in accordance with this Royal Decree-Law. 

In the event that the applicant for the moratorium is unable to provide one of the above documents, it may be substituted by a sworn declaration including the express justification of the reasons related with the Covid-19 crisis which prevent their presentation, having to provide it within one month after the termination of the State of Alarm and any extensions of it.

For requesting the municipal registration certificate of a home, to the effects of being able to request a mortgage moratorium or rent moratorium or other forms of assistance established in the recent RDLs, an alternative circuit has been established as a consequence of the restriction of freedom of circulation of persons during the period of the State of Alarm (exclusively for requests for certificates to request a moratorium), in such a way that the applicant can make the request by telephone by calling 010 or online through the following link.

The request for the simple note for certifying the situation of unforeseen social and economic vulnerability can be sent by e-mail to the Land Registry in which your home is registered or to any Registry of the municipality where you have your habitual residence, attaching of necessity a photocopy of the National Identity Document of the person for whom the information is to be issued, or, as the case may be, of all the members of the family unit.

In the event that the applicant for the moratorium is unable to provide one of the above documents, it may be substituted by a sworn declaration including the express justification of the reasons related with the Covid-19 crisis which prevent their presentation, having to provide it to the lessor or proprietor within one month after the termination of the State of Alarm and any extensions of it.

In the event of wanting to request the suspension of the eviction or ouster processes provided for in Art. 1 of RDL 11/2020 and being unable to provide one or more of the required documents, they may similarly be substituted by a sworn declaration and, when such documents are obtained, they must be submitted to the court within one month after the termination of the State of Alarm and any extensions of it.

According to Art. 5.2 RDL 11/2020, a cohabitation unit is formed by the tenant, his/her spouse not legally separately or a registered civil partner and the children, regardless of their age, who live in the home, including those linked by a relationship of wardship, guardianship or foster care.

Consequently, when assessing the income of the cohabitation unit, it is not necessary to take into account the income of the tenant’s father, or the spouse’s one, because they are not included in the said Article.

Art. 8 of RDL 11/2020 regulates the temporary and extraordinary postponement of rent payment but does not determine how these agreements are to be formalised.

Art. 1255 of the Spanish Civil Code permits the parties to establish any covenants, clauses and conditions they may consider appropriate, provided they are not contrary to the law, morality or public order. In this way, provided the said criteria are fulfilled, any amendments of the rent agreement reached between the parties will be valid, and such amendments must be added to the rent agreement by means of a document which will be annexed to the main agreement.

Therefore, the postponement agreement will have to be made in writing, since it amends a clause of the rent agreement, and it will have to incorporate the conditions and requirements of the temporary rent postponement.

At the present moment, and due to the State of Alarm, the contracting parties, the proprietor and the tenant, cannot physically meet to sign this agreement. For this reason, we recommend the following:

• Waiting until the termination of the State of Alarm to sign the annex of the verbally agreed temporary postponement of the rent payment or, preferably, by another means (e-mails sent between the parties).
• That the document be signed between the parties by means of e-mail (Arts. 1254 and 1262 Spanish Civil Code) and subsequently ratified by both parties. However, if the annex is signed by e-mail, in order to avoid problems regarding its contents, it will be necessary to certify that both parties received the e-mail and were aware of its contents.

In this link you can download a model agreement for the total remission, partial remission and temporary postponement of rent. 

It is a State-guaranteed interest-free ICO loan granted by a financial institution for a period of up to 6 years, extendible by 4 more years, with the exclusive purpose of rent payment.

In accordance with Articles 8 and 9 of RDL 11/2020, the persons entitled to apply for transitional financial assistance (a line of guarantees with total coverage by the State for the banking institutions to offer transitional financial assistance) are the following:

• A lessee in a situation of vulnerability who has not been able to agree on an adjournment with the lessor. As a general rule, the lessee will have to be in a situation of unforeseen economic vulnerability and comply with each and every one of the following requirements (Article 5 RD 11/2020):
  • That the lessee or one or more of the members of the family unit is affected by a circumstance which entails a reduction of income, due to being in a situation of unemployment, being affected by a Temporary Redundancy Plan (ERTE), having seen their working day reduced due to care obligations, due to a cease of activity of self-employed workers, or for other unforeseen circumstances linked to the occupational or business activity which entail a reduction of income as a consequence of COVID-19.
  • That the sum total of the income of the family unit, calculated in the month prior to the application for moratorium, does not exceed 5 times the IPREM (the Public Multiple-Effect Income Indicator). We understand a family unit to be that formed by the person responsible for paying the rent, their spouse not separated legally or registered civil partner, and any children (regardless of age) living in the home, including those linked by a relationship of custodianship, guardianship or family care and their spouse not separated legally or registered civil partner living in the home.
     

    5 monthly IPREM

    2.682,20€

     

  • That the sum total of the rent plus the expenses and basic supplies of the home (electricity, water, gas, heating oil, telephone and community fees) is equal to or greater than 35% of the net income of the family unit

€ rent + € supplies >= 35% income

• That no member of the family unit living in the home is the owner or usufructuary of a home located in Spanish territory. This requirement will not apply when one or more of the following circumstances occur:
  • When the right devolves on a proportional part of the home and this has been acquired by succession mortis causa.
  • When the members of the family unit, despite being owners of a home located in Spanish territory, are unable to make use of it due to separation or divorce or for any other reason beyond their control, or when the home is inaccessible due to the disability of the holder or of any member of the family unit.
• Lessees who are in an situation of unforeseen vulnerability as a consequence of the spread of Covid-19, in accordance with the criteria and requirements defined in an Order of the Ministry of Transport, Mobility and Urban Agenda, which will include in all cases, and as a minimum, the situations defined in Article 5 of the present Royal Decree-Law.

Art. 9 RDL 11/2020 creates a programme of transitional financing aids for households in a situation of social and economic vulnerability as a consequence of the progression of Covid-19, in order to offer affected persons the possibility of covering their rent payments by way of an agreement with the Official Credit Institute (ICO). Art. 9 lays down the following conditions:

• These aids constitute a line of guarantees, furnished by way of the ICO, with total coverage by the State, for the banking institutions to offer transitional financing aids to persons in a situation of vulnerability.
• The return period will be up to six years, exceptionally extendible by four more years.
• Under no circumstances will these aids entail expenses or interest for the applicant.
• These aids must be applied strictly to the payment of the rent.
• These aids may cover a maximum amount of six monthly rent instalments.

Las ayudas transitorias de financiación se deberán solicitar a las entidades financieras adheridas a la línea de Avales COVID-19 con modelo normalizado.

Under Art. 9 of RDL 11/2020, the transitional financing aid (credit) to cover the rent payment will have to be returned within 6 years, exceptionally extendible for 4 more years and with 0% interest.

Art. 10 of RDL 11/2020 provides that natural persons who are tenants of a home and are in a situation of economic and social vulnerability may benefit from the Assistance Programme for helping to minimise the economic and social impact of Covid-19. That is to say, they can make use of this assistance to return a part of the loan.

The amount of this aid will be up to 900 euros a month and up to 100% of the rent, or, as the case may be, up to 100% of the principal and interest of the loan signed with the party which paid the rent of the habitual residence. At the present moment, the announcement of this assistance remains pending.

No. If the tenant accesses the transitional financing aid programme, the postponement will cease to be effective.

Each specific case has its own conditions:

• In the first place, it has to be taken into account that all judicial proceedings are suspended during the State of Alarm decreed by the Government. Therefore, if the eviction date falls within this alarm period, the eviction will be suspended until the court sets a new hearing date once this State of Alarm has been raised.
• In addition, once the termination of the State of Alarm has been decreed, any family units who are in a situation of unforeseen social or economic vulnerability as a consequence of Covid-19 and have no possibility of finding alternative accommodation may request from the court an extraordinary suspension of the eviction order, provided their eviction proceeding derives from a rent agreement subject to Act nº 29/1994 of 24 November and relates to their habitual residence. 

If you are in this situation, contact your Housing Office once the State of Alarm has terminated, or call 010.

No. This suspension measure will only apply to eviction proceedings which comply with each and every one of the following requirements:

• The eviction must derive from a judicial eviction proceeding in progress referring to the respondent’s habitual residence.
• The eviction must have its origin in a home rent agreement subject to the Urban Leases Act nº 29/1994 of 24 November.
• The tenant must certify being in a situation of unforeseen economic or social vulnerability as a consequence of the effects of Covid-19 which makes it impossible for them to find alternative accommodation for themself and the persons with whom they cohabit.

It is considered that the tenant is in this situation of unforeseen economic or social vulnerability when they certify that they meet all the following requirements (laid down in Art. 5 RD 11/2020):

• That the person obliged to pay the rent passes into a situation of unemployment or is affected by a Temporary Redundancy Plan (ERTO) or has seen their working hours reduced due to care obligations, in the case of entrepreneurs, which signify a substantial loss of their income. 
• That the sum total of the income of the family unit, calculated in the month prior to the application for a moratorium, does not exceed the following limits:
  • 3 Times the monthly IPREM (Public Multiple-Effect Income Indicator). This limit will be increased by 0.1 times the IPREM for each dependent child (in the case of single-parent family units, it will be increased by 0.15 times the IPREM per child), and by 0.1 times the IPREM for each member of the family unit over 65 years of age.
  • 4 times the IPREM if one or more members of the family unit is certified a degree of disability greater than 33% or is in a situation of dependence or illness which in a certified manner permanently disables them from any work activity. This limit will be increased by 0.1 times the IPREM for each dependent child (in the case of single-parent family units it will be increased by 0.15 times the IPREM per child).
  • 5 times the IPREM if the person obliged to pay the rent suffers from cerebral palsy, mental illness or intellectual disability, with a recognised degree of disability equal to or greater than 33%; is a person with physical or sensorial disability, with a recognised degree of disability equal to or greater than 65%; or suffers from a serious illness which in a certified manner disables that person or their carer from performing any work activity.

• That the rent, plus the expenses and basic supplies of the home (electricity, water, gas, heating oil, telephone, community fees) are equal to or greater than 35% of the net income of the family unit.

€ rent + € supplies >= 35% income

• That no member of the family unit living in the home is the owner or usufructuary of any home in Spanish territory. This requirement will not apply when any of the following circumstances occur:
  • When the right devolves on a proportional part of the home and this has been acquired by succession mortis causa.
  • When the members of the family unit, in spite of being owners of a home located within Spanish territory, cannot make use of it due to separation or divorce or for any other reason beyond their control.​

• If the judicial proceeding is in the enforcement stage and with a set eviction date: the duty solicitor will have to submit a writ to the competent court, annexing all the documentation referred to in Article 6 of the present RDL in order to certify this unforeseen situation of economic or social vulnerability.
• When the Clerk of the Court receives the application for suspension, they will report it to the Social Services and, if the court determines that the circumstances provided for in the Act occur, it will issue a decree initiating the extraordinary suspension of the eviction proceeding with a retroactive nature from the moment when the event occurred and will determine the strictly necessary period in view of the Social Services report.
• If the judicial proceeding does not have a set eviction date, either because a requirement to the respondent is in progress to opt within 10 days for any of the routes set forth in Art. 440.3 LEC, or because the hearing has not been held: in these cases, likewise, a writ will be submitted to the court annexing all the documentation referred to in Article 6 of the present RDL and requesting the suspension of the period or the suspension of the hearing until the Social Services adopt the measures they consider appropriate. The court will issue a decree of suspension of the proceeding with a retroactive nature from the moment when the event occurred and will determine the strictly necessary period. The suspension will have a maximum duration of SIX MONTHS FROM THE ENTRY INTO FORCE OF THE RDL (2/4/2020). Once this period has elapsed, the calculation of the days will be resumed in accordance with Art. 440.3 of the Civil Procedure Act nº 1/2000 of 7 January, or a hearing date will be set. 

Under RDL 11/2020, the extraordinary suspension of the proceedings will be declared for the time strictly necessary in view of the Social Services report, this being a maximum period of 6 months from 02/04/2020 in the case of suspension of judicial proceedings in which eviction has not been decreed or the judicial hearing has not been held.

You can apply for suspension once the suspension of all the procedural stages has been raised due to the termination of the State of Alarm, provided each and every one of the following requirements are fulfilled: 

• The eviction must derive from a judicial eviction proceeding in progress referring to the respondent’s habitual residence.
• The eviction must have its origin in a home rent agreement subject to the Urban Leases Act nº 29/1994 of 24 November.
• The tenant must certify being in a situation of unforeseen economic or social vulnerability as a consequence of the effects of Covid-19 which makes it impossible for them to find alternative accommodation for themself and the persons with whom they cohabit.

It is considered that the tenant is in this situation of unforeseen economic or social vulnerability when they certify that they meet all the following requirements (laid down in Art. 5 RD 11/2020):

• That the person obliged to pay the rent passes into a situation of unemployment or is affected by a Temporary Redundancy Plan (ERTO) or has seen their working hours reduced due to care obligations, in the case of entrepreneurs, which signify a substantial loss of their income.
• That the sum total of the income of the family unit, calculated in the month prior to the application for moratorium, does not exceed the following limits:
  • 3 Times the monthly IPREM (Public Multiple-Effect Income Indicator). This limit will be increased by 0.1 times the IPREM for each dependent child (in the case of single-parent family units it will be increased by 0.15 times the IPREM per child), and by 0.1 times the IPREM for each member of the family unit over 65 years of age.
  • 4 times the IPREM if one or more members of the family unit is certified a degree of disability greater than 33%, or is in a situation of dependence or illness which in a certified manner permanently disables them from any work activity. This limit will be increased by 0.1 times the IPREM for each dependent child (in the case of single-parent family units it will be increased by 0.15 times the IPREM per child)
  • 5 times the IPREM if the person obliged to pay the rent suffers from cerebral palsy, mental illness or intellectual disability, with a recognised degree of disability equal to or greater than 33%; is a person with physical or sensorial disability, with a recognised degree of disability equal to or greater than 65%; or suffers from a serious illness which in a certified manner disables that person or their carer from performing any work activity.

• That the rent, plus the expenses and basic supplies of the home (electricity, water, gas, heating oil, telephone, community fees) are equal to or greater than 35% of the net income of the family unit.

€ rent+€ supplies >= 35% income

• Que cap membre de la unitat familiar que resideix a l’habitatge sigui propietari o usufructuari d’algun habitatge al territori espanyol. No serà d'aplicació aquest requisit quan es doni alguna de les següents circumstàncies:
  • Quan els membres de la unitat familiar, tot i essent titulars d'un habitatge dins del territori espanyol, no puguin disposar d'ell per causa de separació o divorci, per qualsevol altra causa aliena a la seva voluntat o quan l’habitatge resulti inaccessible per raó de la discapacitat del seu titular o d'un altre membre de la seva unitat de convivència.
  • Quan el dret recaigui sobre una part alíquota de l’habitatge i aquest s’hagi adquirit per successió mortis causa.