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?

They really are stuffed then

So he knew it was completely booked out?

I don't know.

If my dad had:
...taken cash in hand (paid tax on it? declared it?)

...from a casual acquaintance (rather than a legal agent, with liability insurance etc.)

...without any sort of written agreement

...I'd be wary of attracting the attention of the authorities or arguing via solicitors the exact terms of the agreement.

I think he's been daft rather than evil, but still I can't see your dad having the moral or legal high ground here.

I’m sorry to tell you that the neighbour has done a number on your dad here, and you need legal representation ASAP. Spanish law is very complicated but essentially protects ‘squatter’s rights’ so, if the neighbour has a tenant in your dad’s house and the tenant has an agreement, you cannot evict him. This exact thing is currently happening to my own Dad - neighbour gave some random guy access to my Dad’s Spanish house during covid. This guy moved in, changed the locks, starting redecorating and repairing stuff, and now rents the house out on Air Bnb! He has stolen the house! And we have no legal recourse without going through a painstakingly slow legal process which does not favour us as foreigners. To add insult to injury, my dad has to keep paying all bills and utilities on the house; if he misses a payment, legal ownership defaults to the house thief! It’s bonkers!

neighbour gave some random guy access to my Dad’s Spanish house during covid.

How did the neighbour manage to do that?

@unsurebut

I would seek legal advice. Stone King would probably be able to advise.

https://www.stoneking.co.uk/spanish-legal-services

https://www.stoneking.co.uk/our-people/raquel-ugalde

You are not allowed to rent out in spain
unless you apply
they check property up to standard
you have to pay tax
if you rent out without relevant paperwork
very heavy fine
so neighbours will be in big trouble

Why it's not their property.

Friends father died left a property in Spain on the waterfront Innocently they gave it to a Spanish estate agent. No viewers. After two years the agent found a buyer who offered 30% less. They had to take it to settle the estate. It was sold to a local policeman.

so the neighbour has

1. done up the property themselves
2. found long term paying tenants for which your dad is getting the money
3. kept everything running and secure for you

your dad is getting all the rent and has been avoiding tax on it for years so making even more profit.

and you're mad because you don't get to go on holiday when you want, even though you so rarely use the property you've only just found out about this?

wild if true, most property managers would do far less and expect at least 10%.

Erm, no. Did you actually read the OPs posts?

@potato57

Everything you have said is incorrect.

You need to be careful here not to antagonise anyone. Your dad has clearly not paid tax in Spain, which could be a huge problem if discovered. Secondly, you dont say.where the property is but there is a requirement in a lot of areas of Spain to register the property if it is being let, not sure if as a business or something, but I know someone who fell foul of this. Failing to do so can result in a hefty fine. Presumably your dad has not done that, perhaps you can do that now. If the neighbour wanted to make trouble both of these things could become a problem.

@PinkShaker contact Airbnb with proof of ownership etc and they should take it down from the site. Keep on at them. The guy may have squatters rights in Spain but Airbnb are generally pretty careful about this sort of situation.

Hope you will be generous to the neighbour for ‘modernising’ and looking after the property, and allowing your father to receive some kind of an income from it, when you never rented it before…

There are very strict rules regarding the letting of propery in Spain. Be careful you don’t fall foul of them,(inadvertently) All rental property must be registered as such. Agree, legal advice needed.

The father paid for the modernisation. The neighbour has been renting the place out on the regular and pocketing the money.

Tell everyone you didn't read the post fully without telling us 🙄

I think the neighbor renting the property could be doing something illegal. Only your father or an agent can legally do that.
Unfortunately you cant trust anyone with your property, we had one in Majorca and wouldn't leave the key with anyone. I would advise anyone to be very vague about when you are coming out. Tell them you could be coming out soon but no specific date. I have seen it all and could write a book, especially that you cant trust anyone, no matter how nice or helpful.

I agree with this. Sounds like the neighbour has been doing him a huge favour - unless he's been pocketing the rental income himself and has been purposely deceptive, I'd have a proper conversation about it before going all guns blazing.

I feel quite sorry for the tenants if long term. After all, if it is long term tenants there it's their home, they probably don't know anything about this history and face someone wanting to kick them out for a holiday! I think it's quite right they should have protection in law. It's not their fault the OP's Dad and neighbour didn't set everything up properly.

But he has been pocketing the rental money, unless he has a stack of cash to hand over to him now the OP has said her dad hasn’t had any money off him for years as he’s not been over.

So the neighbour has been making money out of renting the house out, which will cover the costs (and more) of any DIY he may have helped with.

Your father should go anyway, perhaps with someone to support him.

I'd tell the neighbour that you will be calling the police if it's not empty when he gets there.

Tell the neighbour you also need to look into the tax implications of him letting out your property without permission. This may worry him as I doubt he's been declaring the rent!

Get the locks changed!!!!!

What about if the tenants have kids? Their life should be upended because of lack of communication and proper organisation between the OP's Dad and his neighbour?

Unbelievable.

It sounds like their tenancy is until January - if so, then it seems most reasonable to give notice it will not be extended at that point. And use the rental income to rent a flat for a holiday. And hope that the neighbour hasn't promised any more to these tenants.

Leaving everything in the hands of the neighbour with no proper legal advice nor communication in writing about what was and what was not allowed was a really bad idea and a big mistake, the OP's Dad's mistake, everything else comes from that.

I do not see why innocent people should be kicked out of their home because of that - and as many PP have said this is likely illegal in Spain. I can imagine the authorities will really love a British family trying to kick Spaniards out of what presumably they think is a legally rented flat - quite possibly their only home - so that the Brits can have a holiday whenever they want. Especially given it was the failure to seek appropriate legal advice and set up rentals professionally that resulted in this situation.

In your situation OP I'd be really worried my Dad had (inadvertently) broken Spanish law, not be worrying about a holiday.