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Squatter?s Rights? What About Owner?s Rights!,
Ray and Diana Swift came into the Leader office last week with a horror story which should serve as a warning to all readers. The frustrated couple from Havant in Hampshire would also appreciate any advice that anyone can give them or to hear from anyone who may have experienced a similar thing, as they really don’t know who to turn to now.
Their problems started when Mr and Mrs Swift decided to rent out the apartment they had saved long and hard to buy. It was originally planned to be a holiday home. “We didn’t think to make a fortune, just pay the community charge and a few bills.” The apartment is in Residential Sol y Sal, Calle Talia, Torreblanca, in Torrevieja.
They approached Re-Sale Spain, an estate agent on Calle Apolo in Torrevieja, and dealt with Kari Sun Vardal. They completed all the paperwork and a few weeks later were told that a woman with a child had rented the apartment for an 11 month contract, in March 2006.
A few months later, they were informed that the tenant was not paying the rent. Being a working couple themselves and knowing that sometimes it is hard to make ends meet, the owners decided to give the tenant the benefit of the doubt and give her a little more time. However, a few weeks later they were informed by phone again by the estate agent, that the tenant had now vanished. It transpired that she had taken the keys with her, but this information was not given to the Swifts.
Assuming the flat was empty, Mr and Mrs Swift decided just to wait until their next visit to Spain to sort out the situation, believing the estate agents were keeping an eye on their property. However, the community president then got in touch with them to inform them that other residents had been complaining about the noise made by the people in the flat. Up until this moment they had believed the flat was unoccupied. The couple flew over to Spain to find the Re-Sale Spain office closed and abandoned. Their website was ‘under construction’ and the phone numbers they had were unavailable.
In January 2007 they spoke to a solicitor, in Torrevieja, who seemed to be very slow, always saying they are working on the case. The latest from them was that the police have been informed. The lawyer claims to have gone round to the flat and shown the squatters the legal documents and asked them to leave, however the tenants claim not to understand and remain in the property. Keen to have them removed immediately, the Swift’s have been told they would be breaking the law if they went into the apartment and physically kicked the squatters out!
If anyone can offer them any advice on how they can quickly and legally claim back their property, their phone number is (0044) 07708218141 or you can contact them through the Leader.
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