Reading between the legal lines about short term lets in Tenerife

[Foz]

I don't know if there are any lawyers, or established landlords on here .... but maybe someone can give me a little advice. I have been letting out an apartment on a long let (12month) contract to an English woman. After two months she returned to the Uk, without letting me know till she got there, and left her son (in his thirties) living in the apartment with the promise that he would continue making the rent payments. After two months of trying to get him to sign a new contract in his own name, he has disappeared. I don't know whether he has also returned to the Uk or if he is still on the island. When I could get no answer from his mobile nor an answer at the door of the apartment, (after weeks of trying) I used my key to enter the apartment. The tenant had obviously left as there were no personal possessions left in the property. When I let it to his mother EVERYTHING in the apartment was brand new, and the place had been totally refurbished. It is now like a bomb site! They obviously had a dog in there (though the contract stated this was not allowed) and the dog has left deep scratches in all the wooden doors. The dog was obviously sleeping on the bed with no sheets as the mattress cover is in shreds and the mattress itself is covered in dog hairs and stains. There is rotting food everywhere and the place stinks. The tables are all stained with red wine and the place basically needs a mass of work to return it to anything like habitable. AND the mattress from the single bed is missing together with the brand new Samsung flat screen tv! I left immediately and went straight to the Guardia Civil who explained that as the owner I had no right to enter the property ..... even though the tenant was behind in the rent by two months and had paid nothing towards the bills (which the contract stated were their's to pay.) They advised me to visit a lawyer. The lawyer was very ambiguous in his advice. Basically it seems I have two options ... one legal the other illegal. The legal option is to file for eviction (despite the fact that it is obvious they have left) and then claim all monies owed. This will prove pretty expensive and he is very vague about how long it will take before I can even enter the property to begin to put it right! The illegal route, is to go in there, change the locks, forget what I am owed or the fact they have stolen from me, put things right and be a lot more careful in the future about who I rent it to!

He was emphatic that he could not advise me to take the second option as until the contract runs out (Feb 2014) my apartment is this woman's home and despite paying nothing she may return at any time. If she were to return and find the locks changed she could denounce me and make all sorts of claims (like I threw her out and stole the 1,000€ she left in the bedside table ..... for eg! that would be a lie obviously ... there was no money but the point is it would be up to me to prove I hadn't!).

My question is ... the more I think about it the more confused I get. Was the lawyer really saying "look, I can't advise you to go the route of changing the locks etc, as it could put you at risk ..... but really that's what most folk would do". I'm in two minds .... if these people get away scot free then are they just going to continue to abuse other places, live rent free, run up bills, steal what they like etc and shouldn't I do something to prevent the possibility of that!

Anybody who has any thought on this I'd appreciate hearing them x

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I've had a message suggesting I should name and shame the tenants. She is Lynn Drakeford and her son is Lee Grant.

[bulldog]

I don't know if there are any lawyers, or established landlords on here .... but maybe someone can give me a little advice. I have been letting out an apartment on a long let (12month) contract to an English woman. After two months she returned to the Uk, without letting me know till she got there, and left her son (in his thirties) living in the apartment with the promise that he would continue making the rent payments. After two months of trying to get him to sign a new contract in his own name, he has disappeared. I don't know whether he has also returned to the Uk or if he is still on the island. When I could get no answer from his mobile nor an answer at the door of the apartment, (after weeks of trying) I used my key to enter the apartment. The tenant had obviously left as there were no personal possessions left in the property. When I let it to his mother EVERYTHING in the apartment was brand new, and the place had been totally refurbished. It is now like a bomb site! They obviously had a dog in there (though the contract stated this was not allowed) and the dog has left deep scratches in all the wooden doors. The dog was obviously sleeping on the bed with no sheets as the mattress cover is in shreds and the mattress itself is covered in dog hairs and stains. There is rotting food everywhere and the place stinks. The tables are all stained with red wine and the place basically needs a mass of work to return it to anything like habitable. AND the mattress from the single bed is missing together with the brand new Samsung flat screen tv! I left immediately and went straight to the Guardia Civil who explained that as the owner I had no right to enter the property ..... even though the tenant was behind in the rent by two months and had paid nothing towards the bills (which the contract stated were their's to pay.) They advised me to visit a lawyer. The lawyer was very ambiguous in his advice. Basically it seems I have two options ... one legal the other illegal. The legal option is to file for eviction (despite the fact that it is obvious they have left) and then claim all monies owed. This will prove pretty expensive and he is very vague about how long it will take before I can even enter the property to begin to put it right! The illegal route, is to go in there, change the locks, forget what I am owed or the fact they have stolen from me, put things right and be a lot more careful in the future about who I rent it to!

He was emphatic that he could not advise me to take the second option as until the contract runs out (Feb 2014) my apartment is this woman's home and despite paying nothing she may return at any time. If she were to return and find the locks changed she could denounce me and make all sorts of claims (like I threw her out and stole the 1,000€ she left in the bedside table ..... for eg! that would be a lie obviously ... there was no money but the point is it would be up to me to prove I hadn't!).

My question is ... the more I think about it the more confused I get. Was the lawyer really saying "look, I can't advise you to go the route of changing the locks etc, as it could put you at risk ..... but really that's what most folk would do". I'm in two minds .... if these people get away scot free then are they just going to continue to abuse other places, live rent free, run up bills, steal what they like etc and shouldn't I do something to prevent the possibility of that!

Anybody who has any thought on this I'd appreciate hearing them x

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I've had a message suggesting I should name and shame the tenants. She is Lynn Drakeford and her son is Lee Grant.
A familiar story over here !! you,re not the first and you won,t be the last take the lawyers
advice change the locks and put it down to experience,the Guardia Civil have to say what they
said its the law, it has changed a few months back it is a lot easier and quicker to evict,
but your tenant has gone!! the law works both ways in a million to one chance she returns
she,ll have to take you to court ,believe me her type don,t .good luck mate!!

[Loaded]

Just go in and sort it out, change the locks and get it back into use ASAP.

Sounds like this person is gone and not likely to return to the island, and if she did she is unlikely to be :

A) aware of your lack of rights and legal predicament.

B) be brazen enough to even try it on.


Take photos of the place, note what is remaining and what has been damaged just in case - in the meantime start making some money on the place.

[doreen]

Just go in and sort it out, change the locks and get it back into use ASAP.

Sounds like this person is gone and not likely to return to the island, and if she did she is unlikely to be :

A) aware of your lack of rights and legal predicament.

B) be brazen enough to even try it on.


Take photos of the place, note what is remaining and what has been damaged just in case - in the meantime start making some money on the place.

So sorry Foz to hear of the mess you have been left with. I agree totally about recording it all with time stamped photos ... but am not sure you should have published the names if you plan going down the "illegal" route.

I had a somewhat similar experience a few years ago (not much damage thank goodness, that was a later tenant :() Couple paid 6 months in advance on a one year's contract, agent took one month's rent as commission. At the end of the six months when I went to look for the next payment, the place appeared deserted, agent (who lived literally across from the house) denied all knowledge, said it wasn't up to him as he was not "managing" the property for me. All I had was her name on the contract and an idea of where she had come from in the UK.

Same advice from the lawyer, you cannot enter ... and I had no idea if she/they would arrive back. So I looked up the electoral role in the UK town, found a similar name from a couple of years earlier, and hired a Private Detective in the area to track her down. He was a retired Detective Inspector or some such in that particular area so had no trouble finding her, working at a checkout till in the local Tesco ! Seemingly she was really scared to be discovered, but I said that all I wanted was her to sign a legal release from her contract, I wouldn't chase her for any rent, so she did, he faxed it to me and then I checked the house and changed the locks. Turns out she had sold the house on the electoral role and come out to live the dream, only to split up within a few months.

It is probably not worth your while to go to the lengths I did (though the fee was only 250 quid, which I reckoned was very good value).

[Foz]

So sorry Foz to hear of the mess you have been left with. I agree totally about recording it all with time stamped photos ... but am not sure you should have published the names if you plan going down the "illegal" route.

I had a somewhat similar experience a few years ago (not much damage thank goodness, that was a later tenant :() Couple paid 6 months in advance on a one year's contract, agent took one month's rent as commission. At the end of the six months when I went to look for the next payment, the place appeared deserted, agent (who lived literally across from the house) denied all knowledge, said it wasn't up to him as he was not "managing" the property for me. All I had was her name on the contract and an idea of where she had come from in the UK.

Same advice from the lawyer, you cannot enter ... and I had no idea if she/they would arrive back. So I looked up the electoral role in the UK town, found a similar name from a couple of years earlier, and hired a Private Detective in the area to track her down. He was a retired Detective Inspector or some such in that particular area so had no trouble finding her, working at a checkout till in the local Tesco ! Seemingly she was really scared to be discovered, but I said that all I wanted was her to sign a legal release from her contract, I wouldn't chase her for any rent, so she did, he faxed it to me and then I checked the house and changed the locks. Turns out she had sold the house on the electoral role and come out to live the dream, only to split up within a few months.

It is probably not worth your while to go to the lengths I did (though the fee was only 250 quid, which I reckoned was very good value).


Thanks Doreen. I do have slightly more to go on than you did. I have a copy the son's passport, a copy of her passport, her UK address and her email address, facebook account details and twitter address. Though obviously she does not reply to my emails despite the fact that I have told her I just want either the keys returned or written notification that they do not intend to return to the property. I'm now wondering if it might be worth getting someone in the Uk (I have friends who live not far from her) to go knock on her door and see if she'll sign something to release her from the contract. My husband strongly feels that they should be made to pay .... he does not see why we should just be walked over like this and they should get away with it ..... but it seems that's what happens on a very regular basis!

[cressrt]

Sent a PM that may be of use.

[Cruise]

We had the same problem , only our was in a business property. They wouldn¨t `pay the rent or leave the property so we had to take the legal route. They obviously got evicted. The business was called Head to Toes, so be careful people renting to Emma Murphy and Ray Evans. They left the property in a very bad state as well. The eviction order was presented in early March, had the court hearing in May and eviction took place middle of June. I do feel for you Foz. It gets really stressful and the lies they come out with are unbelievable. I for one am happy you named them so we landlords can make some sort of list of who not to rent to.

[penelope pitstop]

I think you should name & shame them on here

[timmylish]

I think you should name & shame them on here

Do you never read all of the postings, in full, start to finish?

[chifleta]

Do you never read all of the postings, in full, start to finish?

stop being so grumpy....

[timmylish]

stop being so grumpy....


If you only knew the history !!!!!!!!!!!!

[chifleta]

If you only knew the history !!!!!!!!!!!!

LOL you may have to tell now, everyone will be interested hahaha... just kidding, I keep out of dramas, makes my life happier :)

[Foz]

Thanks everyone for all your responses. I'm surprised nobody suggested going the "try to get the monies owed vis the legal system" route! Is that because of cost, hassle or the idea that it would all come to naught I wonder ..........

[doreen]

Thanks everyone for all your responses. I'm surprised nobody suggested going the "try to get the monies owed vis the legal system" route! Is that because of cost, hassle or the idea that it would all come to naught I wonder ..........

You need to be practical, Foz ... your knowledge of the state of the place is through an "illegal" entry, remember. You would have to start eviction proceedings, say three months or a bit longer due to Summer holidays (which is still a huge improvement on previous times). Then you take a case against the woman & her son, and you have to proceed to prove the case of criminal damage before the State takes over on your behalf ... and when you finally get judgement, how do you get your money, as I am guessing they have no property in Tenerife.

[Foz]

That's correct she owns nothing here .... a property in the Uk, but nothing here. Thank you Doreen ... as usual you have been incredibly helpful. I myself am keen to get the place sorted and move on having learnt a valuable lesson. My husband on the other hand is on the "they must be made to pay" bench! I need all the info you are giving me in order to persuade him that it's just not worth it x

[bulldog]

That's correct she owns nothing here .... a property in the Uk, but nothing here. Thank you Doreen ... as usual you have been incredibly helpful. I myself am keen to get the place sorted and move on having learnt a valuable lesson. My husband on the other hand is on the "they must be made to pay" bench! I need all the info you are giving me in order to persuade him that it's just not worth it x
you need to change the locks now you don,t know for sure who else has got keys,tell your
husband to drop the anger I,ve been a landlord for 35 years I think I,ve seen it all!!
3 phrases come to mind,

possession is 9/10th,s of the law

your 1st.loss is always your best loss

you can,t get blood out of a stone.

it could be a lot worse,at least you don,t have a tenant who won,t leave!!you need to get
stuck in and put it back in order,believe me the stress of chasing low life is,nt worth it!!

[Foz]

So ... just to clarify, and to act as a warning to any other novice landlords out there ........... I bought a property, renovated, decorated, furnished and equipt it to a high standard. I offered it up for rent at a reasonable amount. The tenant moved out owing two month's rent and 160€ in utility bills. They stole the tv and mattress, damaged a lot of the furniture and left the fridge running, full of food so the motor burned out etc etc etc .......... and the legal system is so "lacking" that it is not worth my while to pursue these people??? In fact, if I do enter the property to change the locks and put the place right I myself risk being taken to court!!!!! Is it just me or does that seem like madness? I really don't know where to go from here.

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Thanks Bulldog x May I ask what do you do to protect yourself from this kind of thing?

[bulldog]

So ... just to clarify, and to act as a warning to any other novice landlords out there ........... I bought a property, renovated, decorated, furnished and equipt it to a high standard. I offered it up for rent at a reasonable amount. The tenant moved out owing two month's rent and 160€ in utility bills. They stole the tv and mattress, damaged a lot of the furniture and left the fridge running, full of food so the motor burned out etc etc etc .......... and the legal system is so "lacking" that it is not worth my while to pursue these people??? In fact, if I do enter the property to change the locks and put the place right I myself risk being taken to court!!!!! Is it just me or does that seem like madness? I really don't know where to go from here.

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Thanks Bulldog x May I ask what do you do to protect yourself from this kind of thing?
What can I say its a numbers game every now and again you pick up a bad one!!
first thing secure your property!! take the loss on the chin,try to research the new tenant
people in a secure job usually won,t let you down ,they don,t like the idea of their boss knowing
try to get a guarantor,any type of references available help.problem here people come and go
sorry to say its a gamble !! good luck.

[mike in chayofa]

So ... just to clarify, and to act as a warning to any other novice landlords out there ........... I bought a property, renovated, decorated, furnished and equipt it to a high standard. I offered it up for rent at a reasonable amount. The tenant moved out owing two month's rent and 160€ in utility bills. They stole the tv and mattress, damaged a lot of the furniture and left the fridge running, full of food so the motor burned out etc etc etc .......... and the legal system is so "lacking" that it is not worth my while to pursue these people??? In fact, if I do enter the property to change the locks and put the place right I myself risk being taken to court!!!!! Is it just me or does that seem like madness? I really don't know where to go from here.

Yes. It is madness, but the same thing would apply wherever you rented a property (not just Tenerife). It's infuriating and unfair, but I'm afraid that's how things are.

Signed by .. someone else who was taken for a ride :(

[bulldog]

Yes. It is madness, but the same thing would apply wherever you rented a property (not just Tenerife). It's infuriating and unfair, but I'm afraid that's how things are.

Signed by .. someone else who was taken for a ride :(

you,re right Mike!! I just had one evicted in the U.K. its cost over 2K.in legals and lost rent
needs 5K to put it right ! she even came back twice and put in 2 windows [on drugs I believe]
that one,s going to auction!! I,m moving to plan B, selling the bloody lot and spending the
money!!

[Foz]

you,re right Mike!! I just had one evicted in the U.K. its cost over 2K.in legals and lost rent
needs 5K to put it right ! she even came back twice and put in 2 windows [on drugs I believe]
that one,s going to auction!! I,m moving to plan B, selling the bloody lot and spending the
money!!

It does make you question the entire "buy to let" game that's for sure! I'm so sorry you have had such awful hassle xx

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Yes. It is madness, but the same thing would apply wherever you rented a property (not just Tenerife). It's infuriating and unfair, but I'm afraid that's how things are.

Signed by .. someone else who was taken for a ride :(t

Yes I now realise that xx I had holiday apartments for years. I ran than myself, declared all that I earned, did the IGIC etc .. the lot. Fully believed I was doing nothing wrong till reading on here I should have been operating via the sole agent! For years I offered what I saw as an excellent service to my clients and received nothing but praise. Going through the sole agent was not an option for me (financially) so I moved into long lets. I naively thought that if I approached the long let business with the same philosophy I would get the same results!! How wrong could I be????

[bulldog]

Thanks Foz,I,ve done O.K. out of property over the years I,m just getting to old to put up with it now
when it comes to tenants I,ve done everything from '' beg to beating them up'';)