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?

You've never lived in a rented home have you?

Yes, you can be sure. In this case I don´t see he is rented out without the owner´s permission. The owner has just been busier with other stuff. But that wouldn´t be my mess, it would be the owner´s and agent´s mess to sort out. I am paying rent to a person who has been authorised by the owner as far as I am concerned, in good faith. The Court´s would be on my side. And if the agreement is until January, they will have to respect that. And quite frankly, if i were the OP I would play it cool until then, because her dad has fallen foul of the tax authorities in both jurisdictions, which is something I would gleefully use to get leverage until January.

Perfect.

Exactly.

@Itloggedmeoutagain

I rent in Spain, the flat I live in belongs to my landlady (and a few other flats too). If she were to come in when I am away and change the locks, I´d report her to the police and start a denuncia, and take her to the cleaners. Just saying.

Even if the flat wasn't rented out to you by the owner but illegally by some random person?

That really isn't the tenant's problem
They have rented in good faith

My point is whether the owner could be taken to the cleaners when they didn't rent the house out. I doubt it.

There may be issues to getting squatters out but that doesn't mean tenants who rented off a bogus fake landlord could take the real owner to the cleaners

@Katiesaidthat

I am paying rent to a person who has been authorised by the owner as far as I am concerned, in good faith
But legally it's irrelevant whether you think it is authorised by the owner. If a bogus fake landlord breaks into a house and changes the locks and rents to you you might have squatters rights but I doubt you would be able to take the real owners 'to the cleaners' as they haven't done anything to you

I thought the father was struggling with mental capacity, hence OP getting involved?

Yep look it up

@Katiesaidthat
In this specific situation I agree that it would probably be best to let the people stay until January as you don't want to get into some squatters legal case.

I'd be tempted to pay a few heavies to clear them out in the middle of the night and claim ignorance. Could just be other squatters wanting to take over in the eyes of anyone else.

I agree with those who are advising you to wait till January and resolve it when the tenants leave.
There are strict licensing laws in Spain for holiday rentals now. Fines for non- compliance with these laws can be enormous.
Sad to say, as a non-resident owner your dad will be at a huge disadvantage. I’m assuming your dad already has a Spanish tax adviser, but if not I recommend you find a good local ‘gestor’ who can deal with these things relatively cheaply. There is so much bureaucracy related to Spanish property and you need someone who will advise you on your non-resident tax situation.

Your DF will presumably have a Spanish Solicitor/Fiscal Rep.
I'd get on to them to get it sorted ASAP.

@TERFCat

Took me a minute, but I like your thinking!!

@unsurebut

Im pleased to hear your Dad has made a good recovery!

however, is it possible you don't have the full story here? It all sounds a bit odd.

i think what I'd do is contact the bloke myself. Holiday or not he can answer his mobile & see what you can find out directly. I would go over now & take it from there.

coukd you afford/get the leave to go over for the Easter Break?

Yes its illegal, landlords in this country cant do this either

Hi I live in Spain, there are so many legal implications here ie tax on rentals, tourist license which is a necessity, definitely would advise getting an English speaking Spanish Lawyer.

That is exactly what he's been doing!!!! Pretending he's the owner, etc

Wow you want to send heavies around in the middle of the night to illegally evict people who are paying rent, her father and his neighbour are already on the wrong side of the law and this is your advice? what a thug you must be if this in Spain thankfully you would end up in jail

Thanks so much everyone for the replies.

I have just spoken with a Spanish lawyer who has advised a letter before action be sent to the neighbour and take things from there. The ultimate aim would be to get the contract with the tenants annulled - if there even is one.

Normally I'd go in all guns blazing but my instincts here are to give this man one more chance to sort this out (he's away at the moment in Casablanca and back next week) and then go in a bit harder if necessary. Hopefully receiving a legal letter will frighten him a bit and make him see that we're serious.

I see no way this cunning plan could possibly fail.

No, he's the neighbour in the same block of flats. Which is a small one and mainly Spanish owned.

Thanks so much for this, gives me hope!

So your Dad has been evading tax on rental income for years!

I'd have loved investigating this one when I worked at HMRC Compliance............

There is also no formal arrangement written down for the neighbour to rent out the property.

I have absolutely no idea how he's paid the tax tbh.

My DP's would consult a notaire in France if they did what your dad did. If they're anything like Spanish lawyers they're usually fair good at their jobs and things are straightforward.

I wouldn't rush to listen to a few posters advice here re squatters and you'll never be able to evict them.

I remember actually... friends of DPs in France had a swimming pool (we have one too) and NDNs of their used to regularly come and use it whilst they were away, sometimes with permission and sometimes not. The friends had to tell them after a while they didn't want them to use the pool (usually the children) because of safety reasons. They put up CCTV but we did the same, our NDNs are farmers and very wealthy people with their own pool but better safe than sorry.