Squatters

We have received notification from the administrators and a resident from our gated urbansation about squatters moving in and occupying a currently empty apartment. From what the administrators have said, it seems it can only be dealt with once the owners have arrived from the UK.

What are "squatters rights" in Spain and gow long is the process to have them removed? DO they have the same sort of rights as renants whn it comes to having utilities cut off? 

Thanks

Mark

The owners will most probably receive a tax bill from the Spanish revenue in respect of the asssumed rent that the squatters should be paying. 

Any advice anyone please? The owners of the affected apartment are having to fly to Spain to try and sort the problem out. This has a potential to affect a lot of us in our urbanisation. the brother of the squatter lives (not sure if an owner or tenant) on the complex and our keyholder's property has had 2 attempts at break in, possibly because they know she holds keys to vacant apartments. Police can't do anything without proof, so some constructive advice would be appreciated, if there is any.

Mark

We have had buy to let properties in the city that we live in here in the UK, we never suffered from squatters but did have every window smashed in one apartment, this was because the tennant hadn't paid his drugs account to his dealers. We fitted a security light, gave the tennant notice and kept our fingers crossed, but following a plethora of rent dodgers we sold our small portfolio (3 apartments), and feel a lot happier, although a lot poorer due to historically low interest rates.

The guy who we rent his villa from in Spain has made it like Fort Knox in respect of fitting, a burglar alarm, quality locks on all doors and windows, a patio door floor bolt, security lights, electrically operated drive gate and a guy who makes regular inspections of the villa when it's not let, which is in respect of most of the year.

As for after the event advice, have a word with a lawyer.   

It is illegal to cut the utilities off so that's a non-starter.

The only thing one can do is start civil action in the courts and this can take quite some time, I have read posts saying years. Now if they use violence of any kind then they can be denounced and that would offer a harsher punishment but it's unlikely they will if they know their stuff. I would like to think the owner has all their paperwork with them and not in the house, it would help make things easier.

I'm no legal expert but I can't see why the owners can't start civil action now giving a lawyer power of attorny and with the communities help.

The other thing is it is likely that when the owners do turn up they will be blackmailed, this is quite common and would be the quickest solution but I'd feel quite dirty bowing to that.

You can always set up a private team to watch the property noting the movements of the people and if the house is ever left unoccupied then that is the time to resquat the house, if they are relatives of a neighbour then they may not be professionals and be stupid enough to leave the house for a night out. Not sure I would recommend that but it's an option given the only legal option available is going to take a long time to sort out.

Thanks for the input . I know it is illegal to cut utilities for tenants, but these are squatters and have never had any form of legal tenanct agreement. The owner hasn't been out for 3 years due to family issues and is now travelling out this week. I think I would have had the utilities cut off a long time ago anyway as it was empty. He has said that is intention is to watch the apartment until the squatter goes out, then let himself in and claim residency, but not sure how that will work and if he himself is likely to get into trouble? Also, is it possible the squatter has somehow managed to open the double locking mechanism on the front door and changed the lock whilst there?

Mark

Go to CAB Spain.  Citizens advice bureau.  There are answers to this and many other problems to be found here.

I would if it was my property. I am looking to see what would need to be done IF I were unlucky enough to be in this situation and also to see if there is any advice on offer to the poor owner this is affecting.

starfox,

Your 'resquat' suggestion is all well and good, but following resquatting the legitimate owner would become a prisoner in their own property. In the UK I understand that breaking a window or forcing a lock is treated as breaking and entry, also anyone squatting after breaking and entering is classed as a trespasser.

If the owner does manage to 'resquat' their own property, I suggest that they get someone in to make it impregnable, surely this makes sense. 

Hep

Establish a case of burglary one needs to prove entry, walking in is sufficient, as a trespasser, so no claim of right, and then the intention to steal, etc.

The offence of burglary is created by section 9 of the Theft Act 1968 which now reads:

(1) A person is guilty of burglary if—

• (a) he or she enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or
• (b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.

(2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm ... therein, and of doing unlawful damage to the building or anything therein.
[(3) A person guilty of burglary shall on conviction on indictment be liable to imprisonment for a term not exceeding—

• (a) where the offence was committed in respect of a building or part of a building which is a dwelling, fourteen years;
• (b) in any other case, ten years.

(4) References in subsections (1) and (2) above to a building, and the reference in subsection (3) above to a building which is a dwelling, shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.]^[1]

Thanks for the input . I know it is illegal to cut utilities for tenants, but these are squatters and have never had any form of legal tenanct agreement. The owner hasn't been out for 3 years due to family issues and is now travelling out this week. I think I would have had the utilities cut off a long time ago anyway as it was empty. He has said that is intention is to watch the apartment until the squatter goes out, then let himself in and claim residency, but not sure how that will work and if he himself is likely to get into trouble? Also, is it possible the squatter has somehow managed to open the double locking mechanism on the front door and changed the lock whilst there?

Mark

It still stands for squatters, it is a stupid law if you ask me but I believe it's some EU humanitarian law that they have a right to the utilities. Even if the power was off they may of had it reconnected using paperwork found in the house, heck it could be in their name and who knows if they have registered on the Padron, etc...

Like I said, and I'll repeat for Hep too I don't think I can recommend the resquat idea, it is after all illegal and there is lots to contemplate with that but if he has all the paperwork proving it is his house then I wouldn't think they can do much, that said the squatters may have forged a rental agreement and if they have been there a while and registered to various things then the owner will struggle. It's tricky and messy if you ask me. Plus if a denuncia or civil proceeding has already been filed then the owner is likely to be prosecuted. I would expect they have changed all the locks too, maybe they haven't but I'd expect it.

I have a Spanish friend who lets his apartments: He has several.  

When he gets a tenant who does not pay, he goes to the apartment when the tenant is out, changes the locks, packs all the tenant’s things and puts the case outside the door.   He then waits until the tenant returns and tells him to ‘go away’. 

Yes he knows he commits and offence, and I believe he has been fined a small amount once, but he says it’s a lot cheaper and quicker that way than going through the courts and in the meanwhile the tenant damaging and or stealing fixtures and fittings. 

Seems to work for him.

An ex business acquaintance of mine literally has hundreds of letting rooms for students. Freshers quite often don't have their letter of placement which he has to copy in order to prove that the room qualifies for rate free status, so initialy he let's rooms on trust. He ends up with the odd none student, they usually intimidate and steal from the genuine students, they show their intentions by not paying rent, and of course not producing a letter of placement. He hires a man mountain of a bloke from out of town to have a 'quiet word' with them, if this doesn't work they are put in the boot of a car and dumped out in the middle of nowhere, one actually had the brass neck to report this to the police in order to get 'his' room back, cheeky sod. 

Have you seen the average height of the Spanish men?

More like man mountains of molehills.

Some very interesting comments, thanks