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PROPERTY

Expat couple win ‘hollow victory’ over house demolition

The British couple who have been living in a garage since their dream villa was demolished over so-called planning irregularities eight years ago have won their bid for compensation. But they are not happy about it.

Expat couple win 'hollow victory' over house demolition
Len and Helen Prior at the gates of their bulldozed villa. Photo: AUAN

Len and Helen Prior, both 72, made headlines when in 2008 they became the first British home owners in Spain to see their property demolished over so called “planning irregularities”.

Last week, after an eight year legal battle, during which they have been camping out on the plot of their flattened villa, they finally got the court ruling they had been waiting for.

A court ruled that their local town hall had been wrong to send in the bulldozers and ordered Vera council to pay them compensation of €425,185.43 plus interest.

“Unfortunately it simply isn’t enough, considering we asked for €600,000 in compensation for the house and €200,000 for moral damages we have suffered.” Mrs Prior told The Local on Monday.

“We have been fighting through the courts for over eight years so once we have paid our legal bills we will only have pennies left.”

The nightmare started one morning in January 2008 when the couple saw a bulldozer approaching the gate of the beautiful two-storey villa they had built in a rural part of Vera, on Spain’s Almeria coast.

Because despite having the correct planning permission from their villa from the town hall, the regional government of Andalusia had revoked the licence and ordered it to be town down

They were given just a few hours to remove their belongings from the villa, ironically named “Tranquillidad” in the expectation that it was here the couple would peacefully spend their retirement after selling up in Wokingham Berkshire and relocating to sunnier climes.

Instead, they were powerless as they watched their dream turn into a nightmare. Mr Prior collapsed as the bulldozer moved in and they watched the €400,000 villa reduced to rubble.

“We worked hard all our lives to enjoy our retirement and instead we have endured a hell,” Mrs Prior said. 

Since the demolition the couple have been living in a garage on the plot with a collection of rescued dogs while they battled their case through Spain’s complicated justice system and blame was passed between town hall and regional planning authorities.

Despite a ruling by Spain’s constitutional court ruling that declared that their house had been demolished illegally it has taken until now for the couple to win compensation.

But they have yet to see any money.

“We have been told that Vera town hall can appeal the decision to award us compensation so we could still be in for months more legal process before we even see any of that money,” admitted a resigned Mrs Prior.

“It won’t make any difference now anyway as once the legal bills have been paid we won’t be able to afford to go back to the UK or buy anything else here.”

The couple have been instrumental in ensuring that no similar fate will befall other homeowners.

Last July they saw Spain’s lawmakers introduce legislation to protect homeowners who bought in good faith from having their homes demolished until compensation was agreed in advance.

The couple, who are grandparents to six and have three young great-grandchildren, said the compensation ruling has brought them no solace at all.

“We still can’t believe this happened to us. There are a hundred houses around us in the same situation yet we are the only ones his happened to. It’s fair to say that it has utterly ruined our lives.”

The AUAN, the pressure group representing hundreds of expat homeowners in the Almeria region whose properties have been declared illegal called for the state to finally do right by the Priors.

“Enough is enough. The Calvary of the Priors had lasted for nearly ten years. They did nothing wrong except to trust the Spanish State and its legal system,” demanded Maura Hillen, a local councillor and president of AUAN.  

“Now is the time to pay them and to put an end to their odyssey, which is so harmful and damaging for them and for everyone who lives here,” she said.

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RENTING

The rules and small print for a rental contract for a room in Spain

Renting a room in Spain can often be easier and cheaper than trying to rent a whole apartment or house for yourself, but there are still several things you need to look out for in your rental contract and small print clauses you need to be aware of.

The rules and small print for a rental contract for a room in Spain

Sharing a flat in Spain may of course not be your first choice; in 55 percent of cases people here do so because they can’t afford their own place. 

Renting a room is now almost 10 percent more expensive than a year ago, according to recent data published by property portal Idealista, costing almost double in 2024 than it did nine years ago.

The national average for renting a room is now €488 per month.

If you’ve come here to be a student or to learn Spanish though, renting a room can be excellent choice.

Due to Spain’s housing crisis and financial constraints, renting a room is no longer only an option for young people in Spain. In fact, in 2022 Idealista found that the average of a person sharing a home in Spain was 34. 

READ ALSO: Renting a room in Spain costs 90% more than in 2015

Renting a room is increasingly popular in Spain, especially in those cities where rent is very high, such as in regional capitals. 

While your contract for renting a room may not be extensive as renting a whole property, it’s still very important that you have one to make sure that you’re protected.

A room rental agreement not only ensures that both parties are clear about their rights and responsibilities, but also avoids potential misunderstandings and conflicts.

Typically, when you are renting una habitación, your room will be your space, but you will have shared access common areas such as the kitchen, living room and bathroom. 

READ ALSO – Aval: How to get a bank guarantee to rent a property in Spain

Factors to keep in mind when renting a room in Spain:

Tenants do not have the right to continue to live in the home beyond what is stipulated in the contract, so your landlord will have greater control over the property.

It is important that the room rental contract specifies the purpose of renting the room and how long it’s for. Generally, this type of rental is regulated by the Civil Code, but it could also be subject to the Urban Lease Law (LAU), even though the existence of this type of lease is not specified.

The room should include basic furniture, and the landlord is responsible for paying the bills initially, although they may be included in the rent.

There’s no minimum legal content that room rental contracts must contain, and it is not even mandatory for it to be in writing. But it is still advisable to get one in writing in order avoid future problems.

READ ALSO: The pros and cons of signing a temporary rental contract in Spain 

According to property website Idealista, room rental contracts should contain these following elements:

  • The duration of the contract.
  • A statement saying exactly which room is being rented out.
  • The rental price, as well as the payment method with which the tenant will pay the rent and when it will be due each month.
  • The services that are included, such as the use of the kitchen and being able to connect to the internet.
  • It’s also important that there’s a clause to say how payments should be divided in case of any unforeseen circumstances.
  • It must be indicated if subletting the room is allowed or not. As stated in the Civil Code this may be possible if your contract doesn’t specifically state that you can’t.
  • If the property is rented by several people, the contract must be formalised between all tenants through a single rental contract and tenants will appear in the same contract.

READ ALSO: Is subletting legal in Spain? 

How to tell if a room rental contract is legal in Spain

For a room rental agreement to be legal, it must contain the following information:

  • Full names, DNI or NIE number, address and telephone number of both the landlord and the tenant.
  • Specify the exact address of the home, the rented room and the common areas the tenant has access to.
  • The start and end date of the contract.
  • The amount of the deposit and the return conditions. It is not mandatory to provide a deposit, but landlords can request it.
  • The monthly rent, the payment method and how to make the payment.
  • It must state who is responsible for the necessary works and repairs in the home.
  • A clause must be included stating who responsible for community expenses, water, electricity, gas, etc.
  • The text must state the conditions for termination of the contract, such as non-payment of rent or failure to comply with the rules or the landlord selling the property.
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