«"As it was already approved by the CM before the government resigned, [rent support] is not affected, as at that time the government remained fully competent," explains José Luís Moreira da Silva, a Partner at SRS Legal, emphasising that the restrictions to which a resigning government is subject are not retroactive, "but only after the formal acceptance of the resignation".
(...)
The tax exemption provided for in the Mais Habitação programme was eventually implemented in the State Budget for 2024. "The only chance of these measures coming into force is if the SB bill, in which the exemptions are included, is still approved, in which case they would come into force in 2024," emphasises the SRS Legal expert.
(...)
Even so, it is possible that this compensation will be designed in time to come into force in 2024. "I would say that the compensation is due because it is compensation for a public interest measure to protect tenants. [It can be considered within the management powers of a resigning government, since it is a question of fixing the amount of compensation due for an 'expropriation' of a property right," says José Luís Moreira da Silva.»