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?

@AppropriateAdult Don't let the prissy types make you guilty. Most of us have dealt with Parents or people who assure us they are on top of things and refuse help.
We just grit our teeth and help when asked, and smile reassuringly.
Good Luck

the neighbour gives him a bundle of cash each time he's out there. So I presume he's not received anything for years?? And YES, I know how stupid that is but in my father's defence his stroke really was catastrophic

I appreciate the stroke was awful, but it's not an excuse for his dodgy behaviour. If he's been getting bundles of cash when he visits, this must have been before the stroke, as he's not been to Spain for the last 3 / 4 years.

Only it wasn't actually a thread it was one post on a very long thread about cheeky people.

Whats the point of fannying around on here? You need a Spanish lawyer dealing with this.

Whether you like it or not, it appears your dad has been fully aware of this agreement with the neighbour and it has been going on for a long time. The fact that your dad has not been able to physically go out to collect his cash is not the neighbours problem. It sounds like your dad went into this arrangement with his eyes open.

I agree with others that this has potential tax implications for your dad. I would suggest an amicable conversation with the neighbour to say that the tenants need to leave in January and no further rentals after that point. Once the tenants leave, change the locks etc.

Do not do this the people renting have rights and you would likely end up being arrested

This is going to take a lot of sorting out, so I'd forget the holiday tbh.

The tenants have been paying rent to the landlord's agent so I can't imagine going over and changing the locks is going to be legal in any jurisdiction.

Balls get dropped when there's a sudden, serious illness with long-term consequences. Unfortunately in this case it's a big ball, but at least it's not your dad's main residence or anything.

Get the ball rolling, legally, and accept it's going to be a long one.

While this is sorted out perhaps you could ask the neighbour to vacate their own property for your holiday - after all it is their fault that you have nowhere to stay.

Get notice served on the tenants and sell up. It doesn't sound like this property is earning it's keep and it will now be very difficult to stop the neighbour over-stepping and ripping your dad off.

In addition to my previous post it sounds like you need to keep the neighbour on side especially if there may be an issue with squatters, if it wasnt for the neighbour you may well have had no income at all and a trashed appartmwnt with squatters.

Prissy types?
Yes OP, ignore those offering realistic and honest advice and just get your father to bury his head in the sand. Or even better go over there and start changing locks (illegally).

The fact is that your father could potentially be in deep water for tax evasion and benefit fraud and people (even disabled people) get prosecuted for this every day.

In your situation, I'd have a frank discussion with your Dad, find out if/what he is claiming (you say he can't work) and what he has declared. Then get him to consult a solicitor if it looks like he needs representation.

Honestly, his neighbour siphoning off money is one thing but fighting HMRC is a different level.

I really wouldn't antagonise the neighbour. Having them on side can only make things easier.

Not very wise to have such a vague arrangement with the neighbour, was it, especially in a foreign country? If something's open to interpretation, then you need to do it legally and presumably with an eye to the Spanish legal system.

Nobody on here can really advise you whether any action you take would be legal in Spain. I can see why the neighbour's suddenly become 'unavailable' for a week.

I would go and squat in the neighbours house and claim squatters rights there.

I think it would be madness to start protracted and expensive legal proceedings for the sake of seven months.

I would email the neighbour:
Hi neighbour, it seems like the house has been rented out on a much more frequent basis than we were aware, and obviously since Dad hasn't been over there for several years there must be a significant amount of money owed to him.
As he's now in a position to start using the house again, we're not going to be requiring your help in letting it out any further.
I'd be grateful if you would make arrangements to settle up with Dad ASAP and clarify when the current tenants will be leaving. Please do not take any further bookings beyond this point.

Of course you would 🙄

And back in the real world, OP and her father would be wise to keep the neighbour on side. The situation is already bad enough, without having an angry neighbour to add to the list.

You could book accommodation to go out for your holiday giving you the chance to chat to the neighbour and the people in the holiday home and find out what is going on.

Presumably the neighbour has a fat wodge of cash for your dad? (I think this is likely to be a pittance relative to the neighbour letting the place our permanently but at least you will have the chance to find out. Pehaps ask the neighbour to book your holiday apartment using a couple of K from all the money they have for you.

The neighbour will have been making tens of thousands for years! He’ll give your Dad a couple of grand every time he goes out there, meanwhile is charging tenants €1000 a month. I would be dropping everything and flying out there today. But that’s just me. Cut out the neighbour, speak to the tenants and say you’ve got till May 1st to get out. Sorry for the situation but the property is ours and nothing to do with the neighbour. I’d be sure to ask them how much rent the neighbour is charging them. It could be in an absolute state, I’d probably fly out again in May and make sure it’s spic and span for your holiday in June. I’d be billing the neighbour for rent arrears and say you want €Xxxx for when you all come out in June, draw a line under it and say he’s not to rent it out again.

Look up 'okupas' in Spain - if they decide they don't want to leave the property it's actually not as easy as just calling the police.

https://www.idealista.com/en/news/legal-advice-in-spain/2023/07/13/133373-okupas-the-time-it-takes-to-evict-a-squatter-in-spain-has-increased

I'm a bit confused - you said your father's getting the rent, but how can he be if he didn't even know this long term rental was in place?

You said the neighbour was giving him "bundles of cash" when he visited, but that's hardly the same thing, and as you say he's undoubtedly been scammed

Though I agree with a PP about wondering why he didn't see this coming ...

If he's now disabled I imagine he'll be staying with you permanently? Is it worth putting the house up for sale?

The rent he’s received has been in bundles of cash rather than a regular payment, so although he’s had some money it’s not been formally agreed that £x is for this particular rental, it’s been way too informal.

Sorry OP, it sounds stressful. I would be seeking some legal advice.

This ^^

'Bundles of cash' but not a single contract between renter and agent/owner!?

This could potentially be very serious OP. What dodgy goings on renting out a property with none of the necessary paperwork in place, not to mention the tax implications.

I wonder if the neighbour would have tried to do the same thing if the holiday home was in Cornwall...

You need a very clear picture of the current situation and any documentation of historical rentals. Spending holiday time there in the summer is the least of your worries atm.

If they're renting through air b&b it can be booked for months at a time.