Neighbour has rented out our property abroad without permission!

[unsurebut]

My father has a property in Spain. It's been in the family since the 70s as a holiday home. Until 3/4 years ago my father travelled there regularly and the place was occasionally used by other family. Then my father had a catastrophic stroke and wasn't able to travel for a while and the place wasn't used as much.

The neighbour there offered to keep an eye on the place in return for his family being able to stay there on the odd weekend/couple of weeks in the summer. He's a nice guy and has done a lot to modernise the property. My father then gave him permission to rent out the flat when it wasn't being used, again, for the odd weekend / couple of weeks in the summer, nothing permanent or long term and we were to be kept informed about who was staying there and when in advance of it being rented out.

Fast forward to this year and my father has recovered enough to travel. We've booked to go there in June, all very excited. My father emailed the neighbour, only to be told that it's not possible because he's rented the property out until January! Not only is this not permitted, we weren't even told! I am absolutely outraged and my father is very cross. He's emailed the neighbour to say that we will be arriving on said dates and that's non-negotiable, the neighbour has replied to say that he's away this week so will respond next week. Meanwhile, flights have been booked, all on the assumption that we were to be notified in advance of it being rented out.

There's communication between my father and the neighbour referring to the agreement, but no specific contract or anything, and the arrangement has worked well until now. I think what has happened is that the neighbour has become used to us not using it and has been renting it out far more than we were aware.

So what do we do now if he refuses to get the 'tenants' to leave?! Surely their contract with the neighbour is null and void because he doesn't have permission to rent it out on this basis? The neighbour DEFINITELY knows this.

AIBU to demand the people leave so we can use the flat as and when we want?

[MyGooseisTotallyLoose]

This reminds me of I'm sure it was the 'Mexican house theif' thread!!

[WinterMorn]

So, you don’t have any sort of written or legally binding/scrutinised agreement?

[unsurebut]

In fact, the neighbour has no official ability to rent it out on any basis!

[Sarvanga38]

Best someone gets out there, changes the locks and deals with it ASAP, I’d say …

Presumably there will be no valid holiday et insurance in place, apart from anything else?

[Bubblegummies]

when you say has done a lot to modernise the property, I assume your father paid for that modernisation work?

I think I’d be seeking some legal advice to be honest

[AngSey]

What a mess.

[unsurebut]

@WinterMorn

So, you don’t have any sort of written or legally binding/scrutinised agreement?

I don't believe so, no.

[unsurebut]

@Sarvanga38

Best someone gets out there, changes the locks and deals with it ASAP, I’d say …

Presumably there will be no valid holiday et insurance in place, apart from anything else?

Nothing will be valid!

[unsurebut]

@Bubblegummies

when you say has done a lot to modernise the property, I assume your father paid for that modernisation work?

I think I’d be seeking some legal advice to be honest

Yes he did.

[VisionEuro]

Is someone going out with your father?
Can you get a letter posted from someone locally in a solicitor capacity tomorrow stating they have no legal right to the house and need to vacate by X date?

[Fulshaw]

Who gets the rental income?

[WinterMorn]

@unsurebut

I don't believe so, no.

I think you need to get some legal advice as an absolute priority. This should never have been allowed to go so far and it was very naive of your father to let this happen. You are going to have to unpick a right old mess here.

[RandomMess]

Spanish law may be different to UK law so I think you need to look into Spanish property and rental law fast.

[Roryhon]

I feel sorry for the poor people in the property who have ended up stuck in the middle through no fault of their own. But you need to take legal action against the neighbour. He has probably made a fortune out of your fathers house.

[Andthereyougo]

I know it’s a different country but similar happened to my friends who owned a property in France. They were visiting family in the UK and a health event meant they stayed for several months. They agreed to rent their French house to a Dutch family who said they were house hunting in the area for a month. Except they didn’t move out after a month, didn’t pay any more rent. A phone call to the local gendarmerie and a visit from 2 gendarmes had them packing up and out the next day. Might this work in Spain?

[DSD9472]

Are you or your father fluent in Spanish to get proper legal advice? Or find and English speaking local lawyer.
Who has been getting the income from renting out the property?

[Nonewclothes2024]

You'll struggle in Spain , squatters have rights.

[MamaWillYouBuyMeAWillYouBuyMeABanana]

Get in contact with a Spanish solicitor ASAP, the laws out there are very different to here, and the court system can be very slow as well.

Meantime send an email and letter revoking his permission to enter the property, keep everything in writing, and get a locksmith to change the locks and secure the property. See if you can get some kind of security camera installed too, and call the police if anyone unauthorised enters the property.

You need to start getting a paper trail in case this goes to court.

[Nonewclothes2024]

costaluzlawyers.es/blog/squatters-rights-vs-owners-right-a-common-clash-in-spain/

[stayathomegardener]

I assume the most profitable rent would be week long holiday bookings so would go out on the basis if I couldn't get the current lot out I could change the locks before the next one's arrived.
Who is paying for the utilities? Worth cutting those off if needed.

[BlondeFool]

Change the locks ASAP

[owlsinthedaylight]

Has the neighbour rented it out to a single long term tenant? Or is it fully booked on an AirBnB basis to different people?

[trekking1]

No offense but how on earth did you not see this coming 😅

[PeryleneGreen]

If it's rented out on a short-term basis to a long series of guests, squatters' rights won't come into play. If a single renter has the place until January, that could be more complicated.

I feel for your family, OP. Even after you get this sorted out, it's awkward for you that relations will undoubtedly be soured with the neighbour, now, not to mention that you can no longer rely on him for help during longer periods of absence.

[ScottBakula]

@MyGooseisTotallyLoose

This reminds me of I'm sure it was the 'Mexican house theif' thread!!

I thought it was going to be a update !