The Supreme Court has ruled that EnCasa Cibeles, manager of the 2,935 protected homes that the Community of Madrid sold in 2013 to a vulture fund, can no longer urge evictions in these properties because they are not owned by considering the nullity of that sale confirmed . The Plenary of the First Chamber has given the reason to the tenant of one of those houses, who argued before the High Court that the resolution that annulled that sale was already final through contentious-administrative proceedings. And that, therefore, EnCasa Cibeles – owned by Goldman Sachs and Azora – no longer had the status of owner and lessor of those properties and could not evict it.
Justice rejects Ayuso’s last resort and cancels the sale of 3,000 apartments to a vulture fund
The Civil Chamber takes into account the firmness of that pronouncement, based on the lack of justification of the non-need for the dwellings for the fulfillment of the purposes of IVIMA, and considers especially relevant that the jurisprudential basis of the nullity is the doctrine of the Contentious-Administrative Chamber of the Supreme Court that the tenant of a protected home is not indifferent who the landlord is, given the negative consequences derived from the disappearance of the benefits and social purposes inherent to the action that corresponds to the IVIMA .
The resolution of the Supreme, of February 23, comes after on March 1 the Contentious-Administrative Court number 29 of Madrid opened the door to continue executing evictions in these buildings while the Social Housing Agency did not assume the possession of real estate.
“It will not be possible to prevent said merchants from exercising the corresponding actions in the event of non-compliance by the tenants of the lease,” said the magistrate, who also assured that “it is not legally correct to leave the fulfillment of the lease contracts from now at the will of the tenant and give rise to anarchy and the deterioration of the houses until they take over “the Community of Madrid.
In this resolution, the aforementioned Contentious-Administrative Court confirmed that the nullity of that sale affects all the properties and not only that of the plaintiff, as argued by the Government of Isabel Díaz Ayuso when executing the Supreme Court ruling that confirmed the annulment of the operation carried out by the Executive of Ignacio Gónzalez (PP). And it gave a period of ten days to the Social Housing Agency of the Community of Madrid to “proceed to request the annotation of the cancellation of the sale in the registration of each and every one of the registry properties that make up the 32 promotions that were the subject of the annulled sale. ”