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?

It would be helpful to know if OP could clarify this: has the neighbour been passing on all rent receipts (minus his cut), or has he been pocketing them all himself?

If the latter, he's a disgrace; if the former, I can see how he quite probably thought he was doing a wise and kind thing.

This is harsh as her dad had no doubt what seemed a good relationship with the neighbour and must have trusted him . It's a horrendous thing to happen and it becomes a sad world if one can't sometimes work on trust .

Gosh I hope you manage to sort something out and get the family to leave in January. I think it is obvious they won’t go before that.

I would not assume that you can just kick the renters out. Your father had an agreement with the neighbour for him to act as the agent on the holiday house. From what you say, there is correspondence that makes it clear the neighbour is acting in that capacity. The fact he hasn’t done exactly what your father asked won’t necessarily invalidate the contract with the long term renters. You need legal advice from a Spanish lawyer.

There are water & electricity bulls.
You can see the consommation fluctuate if the property is occupied.
If the neighbour doesn't get the tenants out rapidly your father will have to threaten him with fraud/squatting/abuse of confidence/abuse of diminished capacity.
Also pay for your flights &/or alternative accomodation

Under Spanish Law, if your property is occupied by squatters it is forbidden to:

• Change the locks
• Threaten, intimidate or attack occupants
• Block access to the house while its occupants are away

From the link @Nonewclothes2024 posted.

Please read it, @unsurebut!

I've got to say, though, it sounds as if the tenants do have legal occupancy. Your neighbour was acting as your father's agent with permission. This will hinge on whether de facto contracts are binding in Spain.

Peaceful resolution is the first thing to try!

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I think your chances of getting the tenants to leave by June is zero.

Assuming they are paying rent and have a contract they are not squatters.

You can get a lawyer on to the neighbour and possibly get the rent money (if that isn't already happening).

I actually think the easiest and least stressful way out of this is to discuss with the neighbour a way forward. Accept this rental and make it clear that once they leave the property is to be left empty, at that point you can change the locks.

If you fight this it is going to cost you a lot of stress, time, energy and money. Sometimes acceptance is the best way forward in life. Even if it doesn't seem fair or right.

You need a solicitor, not Mumsnet

I had no idea Spain prioritised squatters rights - there are too many unanswered questions here about the current setup, good luck with it.

Surely you could deal directly with the tenant yourselves. Explain this was an unauthorised sublet you hadn't been informed about and that you need the flat from X date. Give a date at least two weeks before you need it.
Can one of you go over for a weekend to sort it out in person before the holiday?

Your Father needs to speak to a lawyer in Spain and start proceedings to evict the tenants

Property law in Spain is hardcore and veers to the tenants side. There's a huge problem with squatting I've heard. You need to speak to a Spanish property lawyer. You can tell them to go but they could try and say they've a contract with this other fella, he could say he's your dad's tenant etc. without paperwork to prove this it should be straightforward but it still might take a while so act now.

Sorry that’s happened. Some people hey, you give a hand and they take an arm. If they’d have asked, you could have split the cost. Cheeky and rude behaviour-so greedy! Yes, change the locks. They can’t be trusted. Taking advantage of your Father like that. It’s not on. It’ll get sorted.

Hopefully the tenants are decent and didn't know the neighbour is renting on a basis which was not agreed.

January is a while away, do you know if the neighbour rented it for a year?

This is going to cost a lot to sort out. You won't be staying there for a long time. Has the person been paying your dad? If not then sue him.

The tenants are a separate matter. You will have to evict them which will take ages and be expensive. Its going to be very hard to unravel. You cannot change the locks, there are tenants there.

Wow that’s beyond cheeky !!

Yeah you’re not going to be able to demand they leave. You could ask them nicely.

I feel sorry for the neighbour to be honest. Your dad asked him to rent it out, admittedly for shorter periods. The neighbour has been doing this. Maybe it was a communication issue over how frequently it could be rented but it sounds very vague on your dad’s half. Unless he specifically said “one weekend a month only” I think this is on him. Has the neighbour been giving your dad the rent (minus a cut for his property management services).

You definitely need Spanish legal advice.

From the tenants' point of view, they're paying rent to the landlord with the agent taking a cut, that's not dodgy so why would they leave.

Hang on. Your dad is getting the rental income. The neighbour has just arranged the rental for him. You can’t just then decide to change the locks and kick out the tenants. You wouldn’t be able to do that in this country either.

Your posts made it sound like the neighbour was pretending he owned the flat and pocketing the cash illegally.

But this was a business deal. The neighbour was basically acting as a rental agent with the property owner still wishing to use the property. You need to do that kind of thing properly!

OP needs proper Spanish legal advice now.

This, the advice to cut utilities or charge locks maybe unlawful in Spain

I’m inclined towards this view and I am normally the first to be tough on cheeky so-and-sos.

Your father has created this huge muddle - complete mess - but for a long time it suited him to have a minimally-paid local property manager.

I think negotiation is likely to yield a better result here than going in hard.

I’m guessing the neighbour is pocketing most of the rental income. This is going to be a difficult one to deal with as the neighbour, on the surface, is acting as a letting agent as agreed/instructed. I know they’ve been dishonest with how much it has been rented but I think it would be hard to prove in court. You definitely need a Spanish property lawyer.

Just read it and squatters’ rights were my first thought too.

OP, as others have suggested, i would get a local solicitor involved asap.

hopefully the renters are decent people and will move out without causing you trouble.