DOWNANDOUT

Many thanks DLC

So basically , we can ask the energy company to restrict the amount of electricity supply to our premises if we have a smart meter?

So we can therefore takeover the contracted supply without fear that squatters can enter and use as much electricity they need knowing we will have to pay? If yes , then this is fantastic because it would dissuade squatters from staying in our property.

Prior to your post I was deliberating why the tenant would pay this odd invoice 5 months after his eviction. My original thoughts were below because I'm obviously becoming paranoid about the whole situation.

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Could he be paying this odd tiny bill to stave off court action against him for non-payment of the rest of the debt (which he is liable for as the contract owner)? but why doesn't he just phone them up and cancel his contract?

Maybe I'm overthinking his intent but he's a clever little criminal and knows ways to use our flat for his own means while making us pay.

1. We know he gets an SMS text for every outstanding monthly invoice
2. He knows that he is liable for the debt but won't cancel the contract therefore allowing his debt to increase- why?

Is he waiting for us to takeover the contract to allow a 'legal squat' to happen which means we legally cannot disconnect the supply and are contractually obliged to pay their usage bills for the 1-2 years it takes to evict them via the courts?

If he breaks back in and changes the locks and sublets to a tenant, they could do the 'dirty' on him and stop paying the rent or the electricity bills. He may then be forced to cancel the contract to prevent the electricity debt (under his name) to increase. If that happens and we don't takeover the contract , the electricity supply will be cut off because there is no contractual owner . He now loses all capacity to use our flat to sublet to other tenants because there won't be any electricity.

Basically , we cannot take that chance so we'll have to let him cancel the contract and allow the supply to be cut off for non-payment.

We need to gut/clean the place and put it up for sale asap before having the electricity supply reconnected . I don't think squatting is allowed on properties that are up for sale - the police can remove them immediately without going through the courts (I need to check this).

Even if we fail these new electricity tests before resupply then we'll just have to pay the 1k to have the place rewired (it will increase the sale price anyhow).

Taking over the electricity contract gives him the capacity to hurt us badly.

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Stingychips

I’ve heard a lot of stories about illegal squatters in vacant premises during Covid lockdowns. It’s rife. Shame you can’t move someone in you trust temporarily to deter the squatters.

SanNico

You can't restrict the supply if the contract is in someone else's name. You need to bite the bullet and get some professional help with this, all the forum advice and sympathy in the world isn't going to change anything.

You really need to get out there and find out for sure what's going on, guessing is only causing you anxiety. Personally I'd strip the place and sell it as a shell. By strip I mean completely and rip out the wiring and plumbing. The difference between a fixer upper against the cost of fixing it up yourself, putting security in place, lost sleep and selling in probably neglible. Gone are the days of home improvements being profitable and a 1k rewire isn't going to give you any return. Also, the guy who is doing all this to you knows you don't visit and give him plenty of time to do as he pleases. Renovating and rewiring would be a gift.

Moses2013

Apparently if 48 hours have passed a warrant is required to evict them and police cannot enter the occupied property and force the squatters to identify themselves while in the dwelling. They can only be apprehended when they’re outdoors. On the other hand, how would the squatters prove that they have been there 48 hours?

Stingychips

When someone I know over stayed in his house in Ibiza without paying the rent , the Spanish old lady got together her sons and came up to the house heavy handed. Sometimes the nicey nicey approach doesn’t always work. The illegal tenants wouldn’t have a leg to stand on if something unfortunate happened to them.

Stingychips

People are absolutely broke in Spain so the courts probably are going to favour their own people rather than expats. Just going round in circles. Whilst wasting a shed load of money.

Fredbargate

So Spanish courts are corrupt
How surprising

Stingychips

British national vs Spanish national in times where covid has caused mass economic damage and is only going to get worse. Your fighting an uphill battle with that one.

DLC

I do look forward to these missives from the front line. Not so much for the fact-based nature of the answers, but do they work as comedy gold which itself has value in these trying times.

jonboy

One thing that has struck me is that along the coast line of Valencia there are so many Spanish owned seaside apartments that are empty most of the year. Yet I do not hear of these being occupied, I wonder what is "magic" ingredient that keeps them clear of squatters?

Stingychips

Spanish wouldn’t let squatters live rent free in their homes. They would just turn up firm handed and forcefully evict them. Maybe the magic ingredient is a baseball bat. The courts are obviously taking the piss. Never in a million years would the Spanish I know mess about with court costs.

DLC

Lowering the potencia might not itself persuade them to go but it could help. Also you would definitely be paying less.

There are two ways for them to take over the supply, one is them saying they're the new owners to get their name on the bill to collect evidence they live there in which case you could stop the direct debit to the company as they're the ones who are supposed to be paying.

The way other is they tell the company that you are the landlord and they are the tenant. In which case you couldn't stop the direct debit as it could be construed as coercion in court.

Also, it's very much worth setting up online billing as that way the mailbox doesn't fill up with post and they can't take the paper bill to a bank and pay it or get the CUPS number from it for the meter.

Also it's in the neighbours interests not to have okupas there either, if you are on good or even just okay terms with one you could give them your phone number so they can let you know if it's been entered, and you can call the police or a company such as this. Maybe give them the key to the mailbox to keep it empty and possibly the key to the house so they can raise and lower blinds, water plants, etc... make it look lived in.

DOWNANDOUT

We've decided not to takeover the electricity contract as a squatter can easily break in and then use bottled gas to cook and keep the place heated (at their expense). Also , there is nothing to stop them keeping a 0.5kwh device on all the time for months on end? It would still work out as 14p/hour x 24 x 30 days = 100 euros approx per month .

Also as DLC has mentioned they can still report you for Coercion if you lower the potencia if it makes it impossible to live there.

I've also read this about squatters:
"The law states that they can be removed within 48 hours, unless they change the locks, (this is often the first thing the pros will do), but in most cases it’s already too late."

My brother will be visiting our property with a large friend who can speak Spanish and if there is a squatter there , they will kick them out . Then take all their possessions and throw it in the local dump site.

Stingychips

that’s the spirit 😂

Moses2013

It's still unclear to me how a squatter will prove they have been there 48 hours. If the door is gone there are also no locks.