Extraordinary extensions of rental contracts after the repeal of RDL 8/2026

A new study written by Pablo Feu, who is member of the Barcelona Chair, examines the legal framework governing extraordinary extensions of residential lease contracts under Spain’s Urban Leases Act (LAU) and the impact of the recently repealed Royal Decree-Law 8/2026. The paper analyses the different forms of extraordinary extensions that coexisted until 29 April 2026: those established in Articles 10.2 and 10.3 of the LAU and the temporary mechanism introduced by RDL 8/2026 in response to the economic and social consequences of the war in Iran. The study focuses on the legal requirements for each type of extension, their compatibility, and especially the legal effects arising from the repeal of RDL 8/2026 after it failed to be ratified by the Spanish Congress.

The study argues that the extraordinary extensions introduced by the Housing Rights Act have been applicable since 26 May 2023 to existing tenancy agreements whose mandatory or tacit extension periods expire after that date, including contracts signed beforehand. It also maintains that the repeal of RDL 8/2026 does not invalidate rights acquired during its validity, since repeal produces “ex nunc” effects and allows the ultra-activity of legal situations created under the repealed rule. The paper concludes with a critical reflection on the growing institutional polarisation surrounding housing policy in Spain, within a context of persistent housing crisis and increasing tensions between rent-control measures and political initiatives seeking to restrict their implementation.