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?

She can't because she has no legal right to. The agreement casual was between her father and the neighbour

@justasking111

She can go and talk to them!!!

If I had a parent who was poorly and being taken advantage of then I wouldn't just leave it to continue. I'd want to sort it out!

Arghhh - SO FRUSTRATED! Not only has there been 0 progress, I had a phone call today from my step mother basically telling me to back off because I'm stressing my dad out. I appreciate that it comes from a good place, but sitting back and watching fucking NOTHING happening is so hard.

The last communication I had with my dad about this was yesterday when he said that a final decision would be made this week. Final deadline. Well I think we can all guess where this is going......🙄

Is it possible that your father has sold the flat to Hakam?

I wonder why your step mom isn't also stressed to push your DF...I'm with you, OP, this would be maddening.

Very odd that step-mother wants you to back off. You would have thought she would want to protect the investment? Do you think maybe your Dad has actually sold it and doesn't want to say?

Also beginning to think he’s sold it 🥴…. Leave them to it.

I think he sold it OP.
Nothing else makes sense.

Also thinking he's sold and doesn't want to say!

sitting back and watching fucking NOTHING happening is so hard

I don't doubt it, OP, but there really is only so much you can do when it is after all his house

Just so long as he doesn't expect to lean on you if things get even worse; if your stepbrother's so concerned he can offer support himself - and if the place really has been sold he may not need to do even that

Definitely hasn't been sold. This shitshow is a real one! He's been on the phone to me today and messaging lots, I think he's worried that I'm really pissed off. Which I am, but managing to hide it. Stepmother says his stroke symptoms are 10x worse when he's feeling stressed, so don't want to add to that.

@unsurebut

Were you able to find a solicitor practising in the UK and with expertise in the right area to guide you through this?

OP in this case, at least try and get hold of the deeds/nota simple and photocopy them.

Have you checked on registro.es for who is registered there? Very easy to navigate and quick and cheap.

Honestly I think you do have to back off.
Your DFs health is more important than this property. He has been naive and a bit greedy- using neighbour to avoid paying tax or proper rental agency, maybe it will take some time to sort. It doesn't sound like he is in dire need of the property or the money, so if it's making him stressed then yes, I think you need to drop it and let what will happen, happen.
Unless you say that you will take over all communication from him so he no longer needs to worry about it.

I think there's a lot more to this situation than meets the eye and I think it's very likely that OP isn't in possession of full facts. It would be crazy for OP or anyone else to go there to try to sort the situation out, as only her father knows the true facts and it's (was?) his property.

And the fact that OP's stepmother has asked her to back away seems to confirm that for whatever reasons, there are things OP's father is not telling her.

Could be a situation where you just have to step aside and let the property go - otherwise the cost of legal assistance (no guarantees of success) could well outweigh the value of the property.

Just out of interest, OP, why aren't you backing off?

I have backed off. We've spoken a few times and he wants to change the Spain holiday for Cornwall/IOW. He hasn't said anything more about Hakam and I haven't asked. He hasn't even told me the Spain trip isn't happening, it's just insinuated. Arghhh!!

Stepmother has said that maybe September is more likely. Believe it when I see it, etc.

So gutted to not be going 😞 Although there are far more important things going on in the scheme of things.

Currently on a sailing trip with DP and my 18m old....Wine has been needed. Lots of wine.

"Currently on a sailing trip with DP and my 18m old....Wine has been needed. Lots of wine."

@unsurebut For the sailing or the issue with DF?

My parents went sailing regularly with me when I was that age and (or so they say):-

"Oh yes, we just used to tie you down"

Although I think (seem to vaguely remember) that when I was slightly older (maybe around 5 or 6) I was in a rather too large inflatable life jacket attached to a life line when we were offshore.

But this was back in the late 1960s early 1970s, so who knows what they actually got up to back then!

I've certainly been sailing with our DC when they were the age or yours. They absolutely loved it but it was just so much work, constantly thinking about their safety.

But, as they got a bit older - and we'd drilled into them the importance of safety - I became quite a bit more relaxed. Of course, we had netting up all the way around the yacht when they were young but they absolutely revelled in it. They loved helping mum and dad with the sailing and being given "responsible" jobs to do.

We had a baby bouncer hanging from the boom into the cockpit , which also converted into a paddling pool on sunny days 😂😂

@unsurebut it's your dad's mess to sort or not. Someone will be the winner, suspect it won't be your dad