The Government has approved the amendment of Article 1 of the so-called COVID Royal Decree, in force since 2021, which regulates the suspension of judicial eviction and repossession proceedings when the defendants prove that they are in a situation of economic vulnerability.
The measure, successively extended in recent years, now extends its validity until December 31, 2026, maintaining the possibility of suspending the procedures for occupants in vulnerable situations.
Along with this extension, the new wording incorporates a relevant novelty: owners who are also in a situation of economic vulnerability or who own less than two properties may request that the suspended judicial proceedings be reactivated in order to recover their property.
The amendment must be validated by the Congress of Deputies. If not validated, the text would revert to its previous wording, which would imply that, in order to lift the suspension, the owner would first have to submit to an administrative mediation procedure, in accordance with the provisions of the third transitory provision of the Housing Law.
In this context, Íñigo Sánchez del Campo, partner at Thomás de Carranza Abogados, recalls that the extension maintains the regime of suspension of evictions for vulnerable people, but opens for the first time a way for certain small owners to request the reactivation of the procedure, although he warns that the final scope of the measure will depend on its parliamentary validation.
The new regulation requires, therefore, an individualized analysis of each case to determine whether the necessary requirements are met both to request the suspension and to request its lifting.
