tenants rights re bank repossession

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08 Nov 2011 12:00 AM by sunnybay Star rating. 2 posts Send private message

Hi, I wondered if anyone could help with some advice on tenants rights. We took a long term rent out on a property in Corralejo ,Fuerteventura at the beginning of September with a letting agent. We have just been advised that the bank have taken possession of it and we have 10 days to leave or register our rental agreement with the courts.

The letting agent says its nothing to do with them so who do we go to for help and what are the likely scenarios. Please help as our two kids have just settled into scholl here and we want to avoid moving out if possible.  Thanks





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08 Nov 2011 4:04 PM by joanmalaga Star rating in Costa del Sol. 420 posts Send private message

Contact a solicitor, as you are not the owner i know the bank or new owner can be forced to follow the rental agreement to the end, obviously the rent is now payable to the new owner and not the old one so if your rent is due to not pay this to the old owner.

Joan

 





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09 Nov 2011 3:53 PM by EOS Team Star rating in In Spain of course!. 4015 posts Send private message

EOS Team´s avatar

Can they really do that?  Give you 10 days notice?  That doesn't sound right to me.

And nice to see the letting agent is being really helpful!  Probably don't care now that they got their original commission.

I would probably do as joanmalaga suggested and speak to a solicitor ASAP.  I'm sure there is something that can be done where you can at least stay in the property until the end of the original contracted period.

Best of luck with it and let us know how you get on so we can advise others accordingly in the future.  I suspect that the way things are, we may be getting more situations like these coming up.

Justin



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09 Nov 2011 4:13 PM by lobin Star rating. 255 posts Send private message

 The ten working days is usually given for the tenant to show to the courts that they occupy the property under a valid lease agreement.  The notice is probably saying you either show you have the legal right to occupy the property or you have to move out.  If the rental agreement is a valid one, the new owner will be bound by the terms and conditions in the same way the earlier owner was.

Consulting with a solicitor and making sure the lease agreement is submitted to the courts as requested is the best course of action. 





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09 Nov 2011 5:35 PM by sunnybay Star rating. 2 posts Send private message

Thanks for the advice. Spoke to my friend who is a translator here and deals with all sorts of things. She says she has dealt with a similar thing recently and can help us. It just depends on wether or  not the bank wishes to take on the role of landlord till the end of the tenancy or put the house up for auction.

Apparently we have first right to buy!!  Also because we have a 12 month contract it is apparently almost impossible to evict us especially as we have kids. We wait to see what happens when we go to court  beginning of next week. 





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