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?

The laws regarding 'squatters' and renting are different in Spain than to UK. I would say get over there ASAP.

I've got no experience in this whatsoever but from reading the thread and what seems would be a nightmare getting them to leave now I would probably just take the hit, stay somewhere else for your holiday and wait until they leave in January (assume you would have to give notice). He won't really be losing anything as he has been receiving rent on what would otherwise have been an empty property.

get a file together of every correspondence you have on the matter, then get a legal letter. He has overstepped and now will loose any connection/privileges going forward and needs to let any tenants know that he letted it under false pretences.

Call the police over there? See if they can help you. When you arrive change the locks for the front and back.

Check that you have the power of attorney for your father’s property. Check how to do this in Spain.

I would echo everyone who says get legal advice before doing anything.

I would also say do not go over and change the locks to kick the tenants out. In doing this you might be creating a new and expensive legal problem to sort out.

I suggest you look on eg booking.com for a property rental nearby with free cancellation

That way, if it's all sorted, you cancel the holiday booking and stay in your dad's house

Sounds like a messy / tricky situation

If this is actually happening (and neighbour not pocketing the money), where does your father think the ongoing rental money has been coming from?

Tbh, if your father is getting a decent income from this, I would be tempted to let the tenants stay and just rent somewhere or go to a hotel for the short time you are in Spain. Totally different situation of course if the neighbour is a CF who has been keeping the extra money on the sly.

I think you need to tell the neighbour you will take legal action against him. So he’s not told your father and isn’t passing on the rent money either I assume. Totally out of order. You may need to get a solicitor involved if the neighbour doesn’t sort this. How dare he let it out until January without even telling your father, did he assume your father or no family members would want to use it all year?

He’s probably not giving the father a share of this rent, given her father isn’t aware it’s been let out. Which suggests he’s probably let it many times and kept all the income for himself

Totally agree also ensure that he has a will. Executors have power to act

Is the neighbour living there? Maybe he has moved to Spain.

The neighbour OP is referring to lives next door to the property in Spain. I thought that was pretty clear.

We really need an update from OP

I'm originally from Spain and I tell you what I know.

If the tenants, one long term of small long terms have a contract the problem is between your father and your neighbour, there is no law that will make them go. You can negotiate with them to them on the side but that will take time and it is risky and it is going to cost you money.

If they are squatters the problem belongs to your dad. Prepare to a legal battle of months to take them out.

If you neighbour/ dad hadn't been paying taxes or declaring the house for renting in Spain the problem is for your dad and he will have to pay the taxes and the penalty once you involve legal forces such as police and solicitors.

If you sell the house you have to declare the earnings in both countries and pay the taxes in both.

To add more annoyance to what it is happening here as the house in in Spain British law written or a spoken contract that may be legal in the UK common law are wet paper in Spain, because as a sovereign country they will only apply Spanish law or international law if applicable.

Best advise is contact a well known property solicitor in Spain and take their advice. Once you know what is really going on you will be able to proceed.

As your neighbour with contract or not, with taxes or not is acting as your letting agent I suspect your dad will have to sue your neighbour here for the money, malpractice etc and once that is solve or at the same time sue him in Spain for the same.
But as I said, tennant or even squatters have quite a lot of rights so I think they are not going to be evicted not only in a month maybe not even by the end of the year.

Good luck and all the patience for you OP.

I am sorry this has happened to you, it is obviously unfair. However I think you would be advised to get somewhere else to stay whilst this is sorted.
A (Smart Arse) Spanish lawyer could keep this going for a long time. Spanish property law can be 'difficult' and different Codes seem contradictory.
Calm negotiation might be better than kicking the door in and changing locks.

do the Spanish authorities know the house is. Rental and that you earn income from it? Do you pay tax on it? Does your neighbour pay tax on his earnings. Are there rental agreements?

https://www.iberiantax.com/blog/do-i-have-to-pay-tax-on-a-second-home-in-spain#:~:text=If%20you%20have%20a%20second,having%20a%20property%20in%20Spain.

Squatters have lots of rights in Spain - this will take time (and money). Get someone over there fast,

Unless the neighbour has been lying about renting it out and stealing the income I feel a bit sorry for him, it sounds like there should have been very clear time limits on rental periods eg two weeks per month, rather than ‘not too much, a bit here and there’.

I also think there may be a case to talk to the neighbour when he returned and let the current tenants stay. then make sure your finances are in order and start from scratch in January including ensuring you are tax compliant. Otherwise this could end up being very messy and very costly.

Oh, as some poster had suggested to change the locks.
Don't do that, they can call the police and they will file a harassment note against you.

In fact do nothing that seek legal advice and cancel your holiday or book accommodation somewhere else.

To your question of YABVU to think you can sort this out easily. YABVR to be gutted, frustrated and annoyed.

Spain has done a bit to deal with the issue of illegal squatting but you must seek legal advice.

Whzt happens or doesn't happen with squatters in the UK is entirely irrelevant to all of this and "change the locks" could be an illegal move.

https://costaluzlawyers.es/blog/squatters-rights-vs-owners-right-a-common-clash-in-spain/

If you don't speak Spanish, do you have friends/contacts out there who can help? This can be really tricky, my understanding of spoken Spanish is very good but just because I can watch Netflix dramas without the subtitles doesn't mean I could understand the technical language around legal argument. Hope the situation resolves itself but be prepared for it to take a few months.

Get over there asap and get some local legal advice.

No. It's even worse than that. I've just found out that the 'payment' gets made in the form of a bundle of cash whenever he's out there.