WE SPEAK TO THE "SQUATTERS"

News

Sally Bengtsson / 2008-05-11 18:01:43

With the help of Ray Bricknell and B

We had a strong response to our story in edition 207 entitled "Squatter's Rights? What About Owner's Rights!" including from a number of solicitors and legal firms offering advice and assistance to Ray and Diana Swift whose home was being rented out by a company which no longer existed and they were not receiving rent from the occupants.

One of the most interesting calls we received was from a resident in the urbanisation concerned and with the help of Ray Bricknell and Brigitte Klam Anderson, residents at Sol y Sal, we have contacted the family living in the Swift's house. The family were happy to explain their version of events, and hopefully find a peaceful solution which pleases all parties involved.

Vanessa Izquierdo has been living in the apartment with her husband Hicham and their six year-old son for two years. They rented the apartment through Real Sale Spain. It was all done legally and Vanessa paid the rent for the first 8 months. She has the receipts to prove this. However, when the Norwegian manager of the company, stopped coming to collect the rent, she just imagined he was on holiday. When she went down to the office to pay she found it closed, with no sign on the door or any forwarding address. It was months later that she found out he had done a runner, owing money left, right and centre, and apparently Interpol is now looking for him as he appears to have conned a lot of people.

Vanessa did not know what to do. She had no information about the owners of the house and no way of contacting them. "I just assumed they would come to the house at some point and we would sort the matter out." Over a year went by though, and nobody came. "What was I supposed to do? I was not paying rent because I didn't know who to pay." Vanessa and her husband both work long hours so it is possible that someone may have gone to the house when they were not in, but if they had just left a note under the door she says she would have got in touch.

About two months ago two British people came to the flat, waving the house deeds at Vanessa and gesturing for her to get out. (It appears they were the parents of Mrs Swift, the owner.) "I have a child and this is my home. They can't chuck me out like that," says Vanessa. "I want to resolve the matter. The couple said they would come back with a translator but they never came. I gave them my telephone number. I am willing to reach an agreement. I hope we can do it in a peaceful manner. It seems that it is in everybody's interests to sit down with a translator and clear everything up." Vanessa says, "If they want me and my family to leave we will leave, but we should have three months to find another place to live." The apartment appears to be well looked after and the neighbours have no complaints about the occupiers. The main culprit of the story appears to be the unscrupulous estate agent.

We contacted the Swifts at their home in the UK and Ray responded by saying he finds himself "a little angry at the 'tenants' response" adding, "She could have found our address in the UK from the administrators of the community, who send us an annual report, which has our name and address in the UK which the administrator said he would have told her. As you probably know, as in England, it is a fairly simple matter to find who owns what through the relevant council offices, she could have done this when she went to make a new electricity contract with Iberdrola. Did she think she could live there rent free or did she put the rent money to one side? We still find it difficult to believe what she is saying, we are being told different things by different people, we were in fact told the place was empty by Resale Spain because the tenant had not paid the rent and done a runner, if she is still holding the original rental contract which is obsolete, was it her?"

Ray added, "As far as the 3 months to find somewhere else to live is concerned, there are plenty of places to rent locally, we all know that. She will have to have a 3 month legal rental contract drawn up in English and pay the arrears of 4900€ plus 3 months rent, in cash. This can be discussed. This still leaves us with the lawyer's bill. We understand she has a family, so do I, I only want what is mine but someone else has, it is not her home it is mine."

Timing is very difficult at the moment as Diana has just been diagnosed with breast cancer, but she just before going to press we were informed that she was in Spain and has approached the "tenants." However, not much was achieved, and it unfortunately looks as if the case will end up going to court.

Incidentally the Sol y Sal president would like to remind all the owners of Sol y Sal properties to pay their comunidad fees as over 30% owners have not paid up, which has left the kitty empty and basic maintenance, such as repainting or fixing the main gate, cannot be carried out.

Tags: Property Rentals