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?

Oh oops, yes!

OP HERE, NAMECHANGE.

Ok, I've nc back.

So it all hinges on this week - we are expecting/hoping that the neighbour will come back with a positive response to the email.....

If not, preparations to go to Spain will be to put the pressure on.

Oh - and the best bit? He's NOT EVEN a neighbour any more!!!! He's moved. So that negates the point of needing the flat to have his family nearby!

OP.

Honestly, I believe he has not rented it out. I believe he was planning on making a good weekly profit from June - December Schools break up in June and go back 2nd week ofSeptember and rentals are full for this time. (he could expect at least, at least 12,000 euros) I believe he has already taken bookings for summer and this is the issue. I imagine you are in a touristy/beachy place.

Excellent that you are going out there.
Do not prewarn him. Just turn up at the flat. Try the lock. I bet he changed it or is changing it. Call a locksmith and change it back if nobody is living there.
Take your proof of ownership with you (obs)

Also, (IMO) should it be a "long term" rent. It will be for migrant workers. It will not be a family. Trying to get into schools here is just as impossible as UK.You cannot simply rock up and register with a school, get registered with the town hall etc etc. You would have to have a contract to do this plus proof bills are in your name.

This is just my (extensive) experience. But it would help to know vaguely what communtity you are in...Murcia Valencian, Alicante etc?

Are you sure he's not living in it himself?

OP Schools break up for Easter holidays on Thursday: I would 50% expect someone to be there/family rental for Easter maybe. Important thing is to find out when they leave and to reclaim your property.

Change the locks and give them a key, ask for it back on day of vacating property.

If he has moved away, it is far, far more lucrative for him to be doing weekly etc rentals, he would be making a fortune. All money cash in hand and untraceable.

People dodge tax here as second nature. If he is older, even more likely.

Yeah i also suspect he’s rented it out during the summer holidays and has pocketed the cash! Probably already spent it on the holiday he’s just been on and his new house!! He’s probably shitting himself now that he’s been caught with his pants down ripping your dad off for thousands!!
I’d email him and tell him he must owe your dad hundreds of thousands of pounds if he’s been renting it out and give him bank details to transfer the money over to!! Cheeky fecker!….
id book a flight asap and fly out there and try the locks … get them changed if empty and then message him saying he no longer has access and needs to cancel any let’s he’s made!!
I’d book just a cheap B&B encase he does have tenants in there but it’s worth checking out yourself in person I reckon

Honestly, I agree with all that except sending an email saying he owes you money. Tell this fucker nothing.

The money he has made is your bargaining tool.

The key is: as soon as temporary renters have left/before they arrive, when property is empty - change the locks.

Are you talking about the Spanish Tax position here?

(My comments have only been from the UK Tax perspective.)

That is very, very interesting. Thank you for that. In my head this makes it even more imperative to go over there.

Ps. It's near Malaga

OMG Malaga, in that case, he is renting it out over summer and making an absolute fortune. Summer is practically 4 months. Plus Easter, Christmas older people in October etc etc.

This is no "long term rental"!

Get out there, turn up at the flat, breezily and confidently explain to the Easter renters that it is not there fault, but it has been illegally rented out, that you need to change locks. No further implications for them, they do not need to return any money and take back this very lucrative property. Smile, smile, smile and apologise for inconvenience. They will not care if Spanish, if UK they will empathise and be horrified.

He is in trouble, he has rented this and taken deposit money. He will have to pay it back now.

Beat him at his own game. He is relying on your Englishness. Like every other bugger out here. Do not email. Tell him nothing.

I repeat. Do do not worry about tax. Not your problem and irrelevant utterly untraceable at this point. You are a victim. As a PP said earlier it is a law unto itself out here. That is true.

Just get out there and dont panic. I have a feeling all will be well.

You poor thing having to go through this though. Good luck.

My Spanish bilingual cousin lives in Malaga. If you need further help later in the week let me know.

This thread is long…did we ever determine whether the apartment is currently listed on the holiday rental websites?

Id be interested to know. Theproblem is there are somany local websites andlocal facebook pages and a thing called "wallapop" where you privately rent your Spanish home. Literally everyone is at it.

Did you send me a PM? Can't see anything x

Any update OP @unsurebut

I think you need legal advice OP. Squatters rights are strong in Spain. You have to get a court order to remove squatters and there is currently an 18 month backlog, or thereabouts.

My point exactly, you better wait 6 months for them to move out than creating all the drama and resentment that could lead them to seek protection under squatters’ rights.

if they do, it will take years. I know a Spanish person whose tenants claimed this, took her more than 3 years to get them out, totally destroyed the house and naturally, they stopped paying rent during all that time.

I know of another Spanish person that got squatters in the ground floor of their property. They have been having very noisy construction work for 5 years, literally rebuilding the house around them for 6 years and the squatters are still there. I suppose noise is not a problem if you are at the office during builders working hours.

@NotAgainWilson

I know of another Spanish person that got squatters in the ground floor of their property.
Whaaaat? In the property the owners live in?

No, in the one they left empty for a few months before they started refurbishing it. They have even removed the roof on the first floor for two years and the squatters are still there!

Hi @unsurebut any updates on the property. Hope you’ve got it back.

No updates as such. My father insisted he be allowed to deal with the issue and guess what? Nothing has happened 😡 Apparently Hakam is trying to sort the situation by moving the family in our flat to another of his properties, achieving that by cancelling other bookings. He's promised an answer 'by the end of the week' several weeks in a row now. I've stood back and let my father deal with it in his non-confronting way, but I think this chap needs to be dealt with swiftly and firmly.

I was thinking about you the other day. Sorry it’s still on going

What a disgusting chancer! He's moved because he knows what he has done and doesn't want to be found! 😡

Do you still have your trip booked to visit? 🥺