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The legal battle of Robles and his sister to evict a tenant. The initial intention of not doing works on the occupied floor. Exemptions Mortágua tax. And the differences vis-à-vis the activity of BE leader.
"Just think that in the office of evictions the landlord does not need anything to deport him and the tenant needs lawyers to defend himself.This is a complete nonsense. This is what is called the rental counter, I know, but I wonder if the people present have already found the counter to rent.The words are from Catarina Martins In April of this year, the Bloc of the Left defends the end of the rent office, but it is precisely at this counter that Ricardo Robles has brought an eviction action against a tenant with whom he has not been charged. 39, was unable to reach an agreement
entry to the Lisbon City Hall at 4:14 pm on March 20, 2015. The use authorization was approved by Urban Planning Advisor, Manuel Salgado, on 11 September 2017.
The pieces of the legal battle against the tenant and the process of the works in the Lisbon House are some Some of the documents that the Observer has had access to and that help to complete these nine answers to questions that are still relevant about the Robles case, even after the referral of the counselor, in what is probably the biggest.
"On the 1st floor, and from the fires served by the number 22, the interior of the apartment on the left remains unchanged to be rented ". This sentence appears in the "descriptive and justifying brief" that accompanies the project authorizing the modification and extension work on the Ricardo Robles building, a document to which the Observer has had access. This memorandum, signed by the architect Pedro Maurício Borges, was delivered to the House on March 20, 2015 and indicates that the original intention of the former Bloc advisor was to do general rehabilitation work. in the building, but to exclude an apartment that had tenants. At level 0, occupied by restoration and trade, the plan was: "The existing is preserved, with the exception of windows that will be redone."
The fraction that would be excluded from the work was the one where the elderly who stayed in the building after the whole process. But later, it would also be the target of improvements. Ricardo Robles told the Observer by e-mail that at the beginning the fractions that were rented did not need "substantive work" but, during the interventions, it was necessary to do some work in all fractions.
Ricardo Robles alone in the room at the press conference in which he defended himself and did not resign
"The intention was always to keep all the tenants of the building I first assumed that occupied fractions did not require substantive work because they were used, and that rehabilitation would be limited to unoccupied spaces, common areas, facades and roofs.After the start of construction, the level of intervention proved higher than expected because the building was in very bad condition, with a sewer system at risk of rupture and walls likely to collapse, "says the former advisor.]" It was concluded that some of the planned work would involve occupied spaces, ie through the sewers through the floors, given the state of the existing network. Given this need and the demand made by the tenants for the renovation of the housing part, I decided to cover these spaces to proceed to a total rehabilitation of the building. "
" It was concluded that part of the work Given this need and the demand made by the tenants for the renovation of the housing part, I decided to also cover these spaces so to carry out a complete rehabilitation of housing. Robles explained to the Observer
Ricardo Robles, July 31, 2018
For the tenants of this house used for housing, Robles explained that he proposed the execution of. a contract, for eight years, with an income of 170 euros The tenants left the house for construction work and then returned to
There were four other leases in the building: an office and three shops (l & # 39, one of them the restaurant). The former adviser explained that he has started a series of negotiations with all tenants due to the need to perform work on the property. One of the two stores was vacant and so was turned over to Robles and his sister without having to pay any compensation. The renter of the second store chose to waive the contract and receive his compensation. The office would also be abandoned and your tenant has taken the same option to receive compensation and terminate the contract. The exception was the third store, where the restaurant "Pão com Manteiga" worked, which ended in the courts, as explained below
Design of the current building. authorization of work in Câmara de Lisboa
"It is incorrect that there was eviction and I consider that I have proceeded in an exemplary manner with all the tenants of the property," said Ricardo Robles at a press conference where he explained the controversy to journalists on Friday 27, ten hours after
In fact, Ricardo Robles and his sister, Lígia, even presented at the National Rental Desk an action where they demanded "the immediate expulsion" of the tenants of the restaurant Pão com. Manteiga, with the legal designation Correia, Rebelo & Pereira, Lda. In question was "the rehabilitation of the property by the owners", decreed as necessary
However, the Robles brothers explained in the legal documentation consulted by the Observer, that there had been not agree with the tenants as to the level of compensation to be paid.
The value proposed by the owners was 3,288 euros of compensation, corresponding to one year of income (274 euros per month) . In addition, they added, the tenants still did not leave the property, although they received a registered letter with the denunciation of the lease.
Elevation of the building under license
The lawyers for Ricardo Robles have invoked the losses that would result from the refusal of tenants to leave: "It will undoubtedly lead to heavy losses for the applicants [Ricardo e Lígia Robles] once a works contract has been concluded, as well as a bank loan for the financing of the works, so that its performance will result in the mandatory non-compliance of the high damages that will have to be attributed to the defendant [a sociedade Correia, Rebelo & Pereira, Lda.]. "For these reasons, the Robles brothers asked the court to evict the tenants with" the greatest urgency ".] In response, the lawyers of Correia, Rebelo & Pereira, Lda, dismissed the contract as "ineffective" and challenged Robles' delay, which they accused of not having given the "minimum notice" provided by law – "not less than six months" , according to article 1103 of the Civil Code.
The tenants also accused the owners of not having the grounds for termination of the contract: "The applicants do not specify or specify what they intend to do in the rented premises". And stated that they "do not wish to pay the defendant the compensation owed to them" .
In addition, tenants have sought in court another type of compensation for homeowners: the value of improvements made to the
The Robles brothers responded to tenants' arguments by emphasizing that they disagreed "completely with the reasoning of the Re regarding the calculation of the legal allowance". Both Legislative Decree No 157/2006, invoked by the Robles, and the legislation brought to the table by the tenants referred to in Article 1103 of the Civil Code at that time, established that the owner should pay "compensation corresponding to one year of income. "This law was to be amended by a proposal of the Socialist Party in 2017, establishing that the compensation should be" corresponding to two years of income, at least twice the amount of 1/15 of the tax value of the lease " The PCP and the Robles BE argued at the time that the compensation amounted to five years of revenue, however, at the time of this action, such a law had not yet been approved, that Ricardo Robles understood that he only had to pay a year of income.
With regard to improvements, the former counselor and sister they questioned the expenses presented, since 39 they included "movable property such as air-conditioning equipment, counters and shop windows", which, in their opinion, "could never be considered as improvements" since they predict the "valuation of the good". effect, the present list by the owners of Butter Bread included the amount paid on movable property such as "air conditioning equipment" or "counter and showcase", but also a "wall installation and floor laying"
The value of the improvements in this case , since the Court held that the counterclaim proposed by the tenants was partially void, argued that in a special eviction
Court that allows us to see another perspective of the result after the work
The day set for the trial, on September 22, 2016, the two parties finally reached the agreement, releasing the court from the decision. The agreement was negotiated directly by Ricardo Robles, who was present at the session, and his sister's lawyer, along with the tenants, who agreed to terminate the agreement, as of the October 24th. "
But the argument has not stopped here: according to TVI, the former tenants even put the Robles in court demanding about 60 thousand euros for the improvements made to The court found them right in November 2017 but, as some of the works were done 15 years ago, set the amount of the compensation at about half (30 thousand euros) Robles appealed this judgment at the Lisbon Court of Appeal.And at the same time, with his sister, he brought his own action against the restorers: they now claim more than 100 thousand euros in compensation, claiming that the initial refusal tenants leave the property left them "with little liquidity" and delayed the monetization of the building.The two cases are still before the courts
On the day set for the trial, September 22, 2016, the two parties finally concluded a agree, releasing the court of the decision. The agreement was negotiated directly by Ricardo Robles, who was present at the session, and his sister's lawyer, along with the tenants, who agreed to terminate the agreement, as of the October 24th. "On the other hand, Robles and his sister agreed to pay higher compensation than originally proposed: € 4,184.67.
The rationale presented by Ricardo Robles is that the building was purchased for its Sister Lígia, a teacher, is able to return from Belgium to Lisbon.As explained by the former municipal councilor of the block, her sister had "the intention to return to Portugal with her son" and wanted to buy a house in the capital to this end.In response to this desire, the brothers decided to acquire the property of Alfama.The purchase was made between the two, "with recourse to bank loans" and l & # 39; Parents, Ricardo Robles assured reporters that, in addition to serving as a room for his sister, the building would also be used for "renting rooms."
However, the building was very degraded and the council Municipal Council demanded that the works be are made "for the sake of security of property and persons". The brothers then proceeded to an intervention to rehabilitate the property. They spent about 650 thousand euros.
The building has undergone extensive interventions: the attic of the upper floor converted into a third floor ready to be inhabited; some internal access between the ground floor and the first floor has been removed; still on the ground floor, the windows frames have been completely redone; and all the fractions have been remodeled and modernized.
According to the "Memorandum and Justification" signed by the architect Pedro Maurício Borges, the proposed changes were intended to take advantage of the building, without characterizing it and "adapt it to contemporary standards of livability and comfort". As for the height expansion of a garret, it was intended to "monetize the investment with one more building floor in a context where the average height is greater than that of the existing building ". The destination of the apartments was "the rental market", supposed the architect, from which the use of kitchenettes, "so as not to create another division."
The mansarda was to make the investment profitable, explains the architect in the Descriptive Memo and Justification 19659008] A constant image of the draft license issued to the House of Lisbon compares the situation before the works and the main ones proposed changes: the gross floor area increased from 599.65 m2 to 733.75 m2. The total area increased from 237.75 m2 to 370.3 m2. And the facade grew by 2 meters
As for the zones of the 11 fractions, they are all quite small. The largest is 44.1 m2. The smallest 24.5 m2.
The house was put up for sale after the decision of Ricardo Robles' sister to return to Portugal after marrying a German who also lives in Belgium and with whom he had a child. Since the property would no longer serve the purpose of its acquisition, Ricardo and Lígia Robles decided to put the building on the market. According to the former advisor, they asked a real estate company to evaluate the building that had already been rehabilitated. The amount indicated? 5.7 million euros.
The building was for sale at the value suggested by the real estate, but was finally removed from the market six months later. An attitude that Catarina Martins hailed Tuesday in statements to reporters in front of the Palace of Belém and later in an interview with RTP3, claiming that Ricardo Robles "stopped the sale."
"People could live here." BE's slogan was painted on the facade of the Robles building.
The Observer tried to determine the motives behind the decision to "stall" the sale, but Ricardo Robles only replied that he had already clarified the issue publicly. However, the former counselor never explained the motives that led him to stop the sale of the property, except the end of the contract with the real estate . So that, in response to news that made public history, Robles admitted that the fate of the building continued to be selling. He changed his mind the same day
Now, with the passage of horizontal ownership, each of the brothers can take responsibility for his fractions. "This decision was not speculative – I will not sell my share of the property and put my fractions on the rental market."
According to the 52243 information of the Unit. Territorial Intervention of the Historical Center, written on November 15, 2017, Ricardo Robles asked for an investigation to certify urban rehabilitation in the building, in order to be able to benefit from several fiscal advantages In particular: Exemption of the municipal property tax (IMI), exemption from the municipal real estate tax (IMT), and a tax of only 5% on the taxation of capital gains and property income .
Location of the building "in an area of urban rehabilitation" and the fact that the investigation concluded that the rehabilitation of the building has passed the conservation level of "MAU" to "EXCELLENT" led the city councilor Manuel Salgado to approve the exemptions.
The location of the "building" in an area of urban rehabilitation "and the fact that the investigation concluded that the rehabilitation of the building has raised the level of conservation of" MAU "to" EXCELLENT "led the city councilor, Manuel Salgado, to approve the exemptions.
No. According to Ricardo Robles, there is still an update of the real estate book of the property (which does not allow to update the value of the IMI). But there is already a provisional valuation, dated April 2018, made by the tax authorities and which determines a tax asset value (VPT) of 722 180 euros. As the owners of the building are two, Ricardo and the sister, the division of the party that respects each one corresponds to 361.090 euros. In the case of the former advisor, the property of another property must be added, in the parish of Santo António, also in Lisbon, whose VPT is 65 700 euros. Overall, says Ricardo Robles: "The estate in my name adds 426,790 euros, there is no room for any tax payment."
The municipal property tax, the so-called "Mortágua tax", applies to the sum of all tax assets deducted from 600 thousand euros (value from which this additional fee is paid), when it is about a natural person. In this case, the 426,790 euros owned Ricardo Robles do not fall within the minimum limit from which the additional IMI is paid.
The work is considered complete after the issuance of the license, which took place in September 2017, on the eve of the municipal elections . The request was made in August and validated in September, respecting deadlines set by law.
In accordance with the legal regime of urbanization and construction (Articles 65 (1) and (1) and 2 (1) of Article 65), the authorization of Use is granted within 10 working days unless, during this period, the inspection is determined
The deadlines for work are within the legal deadlines. Throughout the process, Ricardo Robles was late, exceeding the deadline for delivering the documents requested by the municipality. The deadline for the submission of these files, related to work, was 10 working days. Ricardo Robles did not deliver on time, but sent an email from his gmail account to the Rehabilitation Division Technician from the Department of Urban Planning, requesting an "extension for an equal period (10 working days) "to" collect documents "that were not yet in his possession.
How many waiver applications were filed only on November 15, when Robles had already been elected and had an agreement with the PS that had led him to the US. local executive. The most abbreviated explanation of the problem in which Ricardo was a member of the Municipality of Lisbon. The applications were approved November 30 Robles and, by slipping, the block itself became involved came from Catarina Martins. The bloc leader admitted Tuesday, leaving the audience to the President of the Republic that what Robles did "does not correspond to what the Left Bloc is defending". And this has always been the big problem with this whole process, the inconsistency between the party's discourse and the political performance of the former advisor on the one hand, and what he has ended up doing in the privacy of the other.
From evictions to local housing in protected areas, to real estate speculation, all these expressions were widely used in the Bloc's political struggle and, suddenly, stuck to one of his protagonists. It was therefore a politically unsustainable situation and ended in the dismissal of Ricardo Robles
The case of Catarina Martins is completely different. The coordinator of the Left Bloc has a minority stake in the company Logradouro Lda, which explores tourism developments and local accommodation, four houses in the Sabugal region. The company was founded in 2008 by Catarina Martins and her husband Pedro Miguel Soares Carreira. The Bloc leader ceased to be a managing partner in 2009, when she became an exclusive MP, leaving her husband and stepmother to run the company.
The question of local accommodation might introduce some controversy here, but the houses belonging to the society where Catarina Martins has an interest the minorities are located in the interior of the country far from major urban centers such as Lisbon or Porto – where local housing has effects, such as gentrification, which have been the subject of political debate
. On the left, "Tourism in rural areas fixes the inhabitants and fight against desertification in areas such as Sabugal.The four rehabilitated houses had long since been abandoned, a situation too common in the interior of the country. only house that was not abandoned was precisely what is registered as local housing because it is the home of Catarina Martins' parents-in-law in his original village and where the family meets Every year, in times when it is not used by its owners, the house is made available to tourism. "
Silence. The first reaction of the Left Bloc was based on the lack of answers. The first signs of life after the publication of the Jornal Econômico News appear timidly on social networks. Catarina Martins, for example, simply reproduced the clarification that Ricardo Robles published on his Facebook Friday morning. Several personalities adopted the same behavior
. The first vocal response was that of Ricardo Robles himself, who appeared alone in a part of the party headquarters to inform the journalists of the case. He presented his version of the facts and refused to resign.
At night, it was the turn of Mariana Mortágua In the Left-Right program of SIC Notícias, the MP defended her former colleague at the Municipal Assembly of Lisbon and refused that Robles' performance could be described as "real estate speculation". The bloc leader also announced that the Commission
The leader of the Left Bloc reacted only late Saturday morning. Upon arrival at the party's camp, Catarina Martins attacked the press and "false news" and implicated the President of the Republic in history, leaving Ricardo Robles in the defense
The first votes of Discomfort appeared publicly Monday Luis Fazenda, in an interview with the newspaper I, said the party had to "think and draw conclusions". Coincidence or not, Ricardo Robles had already delivered, the day before, his resignation from the post of municipal councilor and coordinator of the Lisbon municipality of the party. The official announcement of the decision was made only Monday in a note sent to the editors.
Already this Tuesday, Catarina Martins came to terreiro to acknowledge that the case of Ricardo Robles was not in keeping with the positions of the Bloc. leftist . However, he did not fail to make a new defense of the former advisor. "There was no illegality, there was no use of the policy framework and its position, it treated the tenants well and in an ethically irreproachable way ", he said after leaving the meeting with the President of the Republic. in Lisbon City Hall was number three on the blocking list, Manuel Grilo. The number two Rita Silva resigned, according to the statement sent to the newsrooms Monday night, for "unavailability to take office, taking into account the leadership responsibilities that he has in a social movement and considers incompatible with the Exercise "
But there was another reason: the Bloc advisor had to comply with what had been agreed with the PS in the Lisbon House, in an agreement that gave Fernando Medina the conditions to govern by absolute majority (Robles part of the executive). The mayor himself had already said this afternoon that the agreement should be maintained.
Already on Tuesday, Rita Silva published in her Facebook a note explaining the reasons for her resignation. "I do not identify with the political agreement reached between the Left Bloc, the Socialist Party and the Citizens for Lisbon, regardless of the quality of the measures."
At night in RTP3, Catherine Martins said that he only noticed the Ricardo Robles building the day the news came out on the previous Friday. And he admitted that the block leadership failed when he maintained confidence in the former adviser, who postponed his resignation over the weekend: "This turned out to be a mistake. analysis and it's for me to explain.Because in fact the contradiction was great, because in fact it was not possible to explain, and because it created a daily impediment in Ricardo's work in autarky. "