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Fraudulent property let

My brother in law jointly owns an apartment in Malta with his former partner. Since they separated, they have been trying to sell the property but his former partner has frustrated any sale by various means. They are both UK nationals.

My brother in law has now discovered that his former partner has established a business under which the property has been listed as a holiday rental on Airbnb, Booking.com and other sites. The sites claim that the owner is neither my brother in law or his former partner but some other 'front man'. There have clearly been a number of bookings since the property was first listed last summer and it is also booked out for most of the year.

I suggested that my brother in law should first contact the booking sites to point out that the property is 50% his and request them to pay him half the rents already received and also to get the property withdrawn from the sites. Secondly, that there is criminal behaviour involved and the police should be contacted.

Any other ideas?
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Comments

  • Holiday rental sites normally require the person listing the property to declare that it is theirs to rent out. Presumably, you would have no difficulty proving that you are the joint owner and get them to pull the listing. Or you might welcome getting half the rental income. That shouldn't be too difficult to sort out as your BiL's ex wouldn't want the police calling round. His behaviour certainly appears to be criminal.
    The fascists of the future will call themselves anti-fascists.
  • markin
    markin Posts: 3,860 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Photogenic
    Has the ex admitted letting it, or their name on the company, If its empty anyone could break in, change locks and start making money.
  • cogito
    cogito Posts: 4,898 Forumite
    markin wrote: »
    Has the ex admitted letting it, or their name on the company, If its empty anyone could break in, change locks and start making money.

    No. The ex doesn't yet know that my brother in law has found out. The front man is a business associate of his so there's no doubt about the situation.
  • AlexMac
    AlexMac Posts: 3,066 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    We know an unmarried but separated couple who are now wasting thousands in legal fees and likely court costs as they can't amicably disentangle their finances - mainly a former residence and a second home...
    Seems such a shame... but

    Before getting vindictive and stoking up the anger even more (by contacting the Maltese authorities, Police, or, come to that, the UK HMRC (undeclared income?), or the Maltese Tourism Authority to see if it's been licensed by them and is on their list of licensed Holiday properties doenloadable at http://www.mta.com.mt/licences ) why not at least try a threat in a letter to the ex? Or better still, pay £100-200 odd to get a solicitor to send it. After all, they'll need legal advice if the ex continues to 4r5e about?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    cogito wrote: »
    My brother in law jointly owns an apartment in Malta with his former partner.
    Maltese law applies. I have absolutely no idea what Maltese law is. Nor, I suspect, does anybody else here.

    When you say "partner", I presume you mean they were in a relationship but unmarried - rather than a business partner.
  • D_M_E
    D_M_E Posts: 3,008 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    edited 13 April 2019 at 3:29PM
    If he has still got keys to the place, what's to stop him going over and changing the locks?

    He needs to consult the Malta equivalent of a solicitor about this as well as reporting the possibility of the ex having undisclosed income to HMRC.

    EDIT - number 4 under what could go wrong

    https://www.legal-malta.com/property/pitfalls-buying-property-in-malta
  • HampshireH
    HampshireH Posts: 5,001 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Why doesnt he "go on holiday" and find out exactly whats going on.

    Assume he has a key and he certainly had a right.
  • ciderboy2009
    ciderboy2009 Posts: 1,244 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Car Insurance Carver!
    HampshireH wrote: »
    Why doesnt he "go on holiday" and find out exactly whats going on.

    Assume he has a key and he certainly had a right.


    Alternatively, get a friend to book the property through one of the online sites.

    Then he tells the former partner that he's going to Malta at the same time!
  • Sibz
    Sibz Posts: 389 Forumite
    100 Posts Combo Breaker Name Dropper First Anniversary
    D_M_E wrote: »
    If he has still got keys to the place, what's to stop him going over and changing the locks?

    He needs to consult the Malta equivalent of a solicitor about this as well as reporting the possibility of the ex having undisclosed income to HMRC.

    EDIT - number 4 under what could go wrong

    https://www.legal-malta.com/property/pitfalls-buying-property-in-malta

    The changing the locks bit could give the ex a massive headache (although this is assuming that the ex hasn't already had the locks changed, and I'd expect they have). Angry renters, Air bnb etc.
    Although there could be innocent third parties staying there at the time you want to change the locks.
  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    ... not if the OP has booked his Easter Break to stay there... He'd also have proof that rent/payment had been taken...
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