Fredbargate

Agreed

DOWNANDOUT

Well the nightmare begins again.

I now have confirmation from the electricity company that someone personally went to the bank and paid the June 21 invoice (7.31 euros) by cash.

Now who in their right mind would pay one of our 'empty flat' invoices unless they were making plans to register themselves as an occupant in our property at the local Town Hall?

From what I've gleaned already , all a squatter needs to do is provide a paid utility bill to confirm their legal occupancy.

Someone has obviously broken into our flat and we are helpless to do anything.

growinspain

Are there not companies who for a small, monthly fee will look after your apartment when you are away?

jonboy

I would imagine this is the territory where a Solicitor would be able to outline your options. I found this on-line and reading the suggestions along with the pros and cons I thought they had a fairly good take on the situation due to there various suggestions for a potential remedy and bearing in mind the requirements of the law. I have no connection or experience of the firm.

https://www.spanishpropertyinsight.c...nish-property/

I wish you good luck.

DOWNANDOUT

Many thanks - yes I've exchanged emails with Mark Stucklin (he was going to publish our story on his website).

DOWNANDOUT

I've contacted another 'Property Management ' company in Costa Blanca who customise ones requirements and am now waiting for a quote for them to consider the following:

1. Identify Community Of Owners/Administrator
2. How to get keys to the street entrance doors
3. Who is paying the water bills
4. Regularly visit premises to see if illegally occupied and everything ok with the flat and pick up any mail.
5. Turn off the electricity and water if required to meet the building insurance requirements in the months Dec-March .
6. Deep clean services.

SanNico

I’m quite confused by this. If the tenant was legally evicted in January and now you suspect he is back because a utility bill has been paid then surely the simple solution is to go and check, either in person or through an agent. If he’s there then call the police, at least to get the denuncia in order to proceed legally.

I would suggest using an agent immediately, get it all sorted and allow yourself to move on. You already know his next move but think what he suspects your next move is as well. He sees an eviction 6 months ago and nothing since

DOWNANDOUT

The tenant and a companion wasn't actually living in our property but was subletting it and making a tidy sum . Now that he is evicted he cannot break back in and live there himself but he can provide an electronic copy of an electricity invoice (from his online account with the energy firm - the contract is still in his name and not ours) to a potential squatter . The squatter can pay the invoice by cash at a local bank , then provide that proof of payment of a utility bill to the local town hall registration department . Once the squatter registers himself as an occupant of our flat , we would have no choice but to evict him using Court proceedings , which is another 1-2 years and lots of money (maybe another 3-4k). My brother is now making plans to visit soon if Cov19 restrictions make it possible to travel from UK to Alicante.

If the squatter is there, then we've done the right thing by not paying the water or taking over the electricity contract otherwise they could use as much energy and water they liked and we would be legally obliged to pay. By not taking over the contract , our old tenant would be liable to pay for any electricity usage and, according to the courts, he has no money in his bank accounts (all 3 of them).

So we spent the last 4 years trying to evict a non-paying tenant but now we may have to spend more monies getting rid of a fully-fledged squatter (our old tenant being the organiser). We are desperately unlucky to have such a criminal working as a rental mediator agent a few floors above (that's his office). He has access to government databases such as Red Alquila which provide him a large list of potential tenants looking for cheap /temporary accommodation so its a nice little earner for him (if he can utilise our flat). I've now informed the energy company that they should consider cutting off the electricity supply because there is high risk that any invoices will remain unpaid .

I did advise my brother to put the flat up for sale immediately after the last eviction because I think the current laws state that a squatter cannot occupy a property that is up for sale. But my brother has made an error of judgement because he wanted to gut/clean the place out first.

I forgot to add that I have already emailed the police (several times in the last few years including a few days ago) and have yet to receive a single reply.

SanNico

Maybe I’m looking at this too simplistically. If someone is there then either they broke in and you can get them arrested or someone let them in so it should be cut and dried. You mentioned keys to the street, so the key holder would be criminally liable for that side of things.
I’d get over there ASAP, employ an official translator and a respected solicitor and go and deal with it. Even with any potential quarantining it has to be cheaper than dealing with the aftermath. As interesting as the article may be to a blogger it’s not going to help solve your problem. You must be at your wits end.

Any forum advice or advice by web based advice, including mine, is worthless.

DOWNANDOUT

Some good news (I hope!).

I've sent an email to the electricity company asking more details about the invoice that was paid.

Here is their reply:
----------------------------------------------------
The invoice is sent by post to the supply address, however, via SMS to the mobile phone ending in 290 (possibly your previous tenants number) notices of pending invoices are sent with the necessary data for payment and neither I do not have nor is it possible to know specific information about who has made the payment of the invoice, I'm sorry.

Based on the last invoice issued for € 8.94 for the billing period from May 31 to July 4, consumption is 0kWh, therefore, this implies that there is no occupancy.

The electricity cut will occur when the bills are due, which is not possible to foresee, because they are currently in a voluntary payment period.

As mentioned in a previous email, can request the withdrawal of the supply, which implies to stop having electricity and when it is time to use the house, to re-register with the corresponding cost, depending on the power to hire.

If the cancellation is processed, in order to register it, it is necessary to carry out the Certificate of Habitability or Second Occupation License required by the Valencian Community.

I am sorry I cannot send the duplicate invoice, because this invoice can only be sent by postal mail.

---------------------------------------------------

So could it be that our old tenant paid the invoice in error !!!

or

Someone has entered the flat , opened the mailed paper letter/invoice , gone to the local bank and paid it . That doesn't make any sense to me at all !!!!!

This is so weird.

There is a risk that cutting off the electricity might mean having to apply for this "Certificate of Habitability or Second Occupation License". For example , if your property is quite old I think it would fail the new superior electricity standards for safety and efficiency. If you fail the check , you might have to spend thousands of euros to have your property rewired , sockets re-located , etc etc.

So , I will need to check regularly for a supply disconnection date and then takeover the contract before they cut us off. Then of course, once we take over the contract, we run the risk of having to pay the utility bills of any potential new squatter.

Looks like we get punished one way or the other.

DOWNANDOUT

If someone enters your property (and wishes to live there ) and it is not reported to the police within 48 hours , I think you lose all rights of ownership to your property. With regards the keys to the street entrance doors, sometimes the door is open , other times it is locked . If you press the buzzer , someone will probably let you in or one could wait outside the door until it is opened.

Yes , my brother is considering travelling there soon as he needs to pick up the flat keys from our solicitor in Alicante , hire a car and book into a hotel for a few days (our flat has been left in a disgusting state). He'll then have to get through the street entrance doors (we haven't got a key - the tenant still has it) and then enter the flat and phone a company to gut/clean the place. Then I'm hoping he will go the local estate agency and put it up for sale.

Stingychips

Who exactly is in your house. That’s why I have big dogs. Doberman’s and Belgium Malinois are very efficient at dealing with strangers on your house and property:

VFR

I take it that you have not read this thread ?

Mark604

The problem with dogs is that they tend to die if you're not there to feed them.
One small flaw in that plan.

DLC

If you've got a smart meter, you could lower the potencia as much as possible (I think it's 1.1 kW but maybe less, ask). If it can be done remotely by the company and it should mean it gets shut off automatically the moment the washing machine spins up or similar.

Also, change your billing to internet only for electric, water, and gas. Usually called factura electronica.

You could install home video security by e.g. Securitas Direct, they will call you if they think something is up and also call the police, but it's probably a bit late for that now.