when is a tenancy a holiday let?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    when is a tenancy a holiday let?

    Dear all,

    I am an ex-tenant in a deposit dispute.

    I rented a room for only 15 days. There was another flatmate. I signed a handwritten document that stated I am using the flat as a "holiday let". I was not on holiday though. The flat is his residential home that he let out for only 15 days.

    The handwritten agreement mentions the rent paid upfront and the deposit - nothing else.

    He claims damages that preexisted and has not returned our deposit yet. There was no inspection of the flat before. What are my options?

    Thank you



    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
    England
    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
    Not sure. Multiple tenant or room only
    Q3 – What date did current TA start dd/mm/yy?
    20 April 2017
    Q4 – How long was initial fixed term (6/12/24 months / other)?
    15 days
    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
    paid up front
    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
    20 April 2017
    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).
    no
    Q8 – Does the landlord live in the same property as the tenant?
    no

    #2
    Sounds like you were a lodger.

    Would be helpful if you explain what sort of damage we are talking about, and how much money.

    But basically your route is through the courts, and depends on the agreement you have as to the deposit's purpose.

    Comment


      #3
      So you signed a TA with the flatmate?

      Comment


        #4
        AndrewDod, thanks for the reply.

        So... I was a lodger, although the landlord did not live with me?

        I don't know the money. The deposit was 400 pounds. The damage is erosion of wood from the shower.

        Comment


          #5
          No, the TA is with the LL who left the flat for 15 days. Thanks mariner.

          Comment


            #6
            Was this a type of Airbnb thing?

            Comment


              #7
              It probably can't be any form of residential let for 15 days.
              No one "lives" somewhere for a couple of weeks.

              You'd have to have a lot of showers to erode wood.

              You can use the small claims court (google "money claim online") process to sue the landlord for the deposit money.
              I'd guess the landlord will repay it once they receive you letter before action (again google that).
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Originally posted by jpkeates View Post
                You'd have to have a lot of showers to erode wood.
                Erosion may be the wrong word. But maybe the lodger has long hair, blocked the plug hole, let the water go up to his ankles,
                out of the shower
                carried on showering
                and in a river
                to where the wood lives
                didst the water run

                Lots of damage can be caused by a single shower gone wrong

                Comment


                  #9
                  Thank you jpkeates for confirming I will need to go through the CPC. I have some additional questions. Do you know if the Money Claim Online (MCOL) is appropriate? Plus, he claims it is a holiday let. Do you know my rights, given I was not on holiday but the handwritten paper I signed mentioned it was for a holiday let?
                  Thank you!

                  Comment


                    #10
                    when is a tenancy a holiday let?

                    I had started another thread, but I think this should be a clear question (and I need some more visibility on the issue).

                    When is a tenancy a holiday let?

                    I rented a property for 15 days and there is a dispute issue. I signed a paper stating it is a holiday let. But I was not there on holiday. In my communications with the LL he insists it is a holiday let and the deposit need not have been protected.

                    Thank you!

                    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
                    England
                    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
                    Not sure. Multiple tenant or room only
                    Q3 – What date did current TA start dd/mm/yy?
                    20 April 2017
                    Q4 – How long was initial fixed term (6/12/24 months / other)?
                    15 days
                    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
                    paid up front
                    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
                    20 April 2017
                    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).
                    no
                    Q8 – Does the landlord live in the same property as the tenant?
                    no

                    Comment


                      #11
                      I think that he is probably right about it being a "holiday" let and not protetcing the deposit.

                      He is not living there so you cant be a lodger.

                      It's too short a period to be an AST.

                      It's even too short a period for him to issue you with the proscribed information about deposit protection.

                      You don't have to actually be on holiday to rent a self catering holiday flat short term.

                      Comment


                        #12
                        Yes MCOL is appropriate. It would help if you explained the exact nature of the purported damages and the purported cause (and the T&C's if any relating to the tenancy and deposit).

                        The second part of your query (holiday let etc.) is totally irrelevant.

                        Comment


                          #13
                          It's a holiday let.

                          You dont do a 10 page Assured Short Term tenancy for 15 days.
                          Credit checks, right to rent checks, sending a tenancy agreement by post or email .
                          Minimum standard is 6 months tenancy, although occasionally for 3 months, which is not advised.

                          Sounds to me like you may want to make a fast profit on an ill founded notion that your deposit, if not protected, can be subject to a claim of 3 times the amount. If so, I am not interested.

                          One piece of paper stating it's a holiday let is not an Assured Short Term tenancy, for which the rules for such do not apply for a Assured Short Term tenancy
                          An a Assured Short Term tenancy is for a HOME, for you to tell the council you are there and will pay the council tax, Then gas and electric.

                          Was this your home, you had all your mail re-directed there, were on the register of voters and paying council tax

                          NO you were not.

                          It was a holiday let.

                          I have been abrupt in my answer, as I think ( in my opinion ) your motives may be as mentioned.

                          Comment


                            #14
                            Reading the other thread the OP is not after 3x, the LL is witholding for alleged damages.

                            It's a holiday let.

                            Where I live is a touist area that also has a lot of contract workers who are only here for a couple of weeks.
                            So the contractors rent a holiday cottage for a couple of weeks.
                            They are not on holiday but it's still a holiday let.

                            PS. 400 quid deposit for a 15 day holiday let??
                            Don't know where this is but you could probably have spent 2 weeks in a B&B for that.

                            Comment


                              #15
                              OP is wasting our time by asking the same tired questions in replicate.

                              And you were a lodger (whether a holiday lodger or otherwise).

                              £400 may be a perfectly appropriate deposit for 15 days. The size of the deposit has nothing to do with the duration. For example AirBnB deposits may be of this magnitude. Of course it is not equivalent to spending "2 weeks in a B&B" because deposits are not normally spent.

                              OP needs to concentrate on whether the REASON for withholding his deposit was legitimate -- but we are no more enlightened (despite the mass of words) than we were before.

                              Comment

                              Latest Activity

                              Collapse

                              • Zero Deposit scheme
                                tatemono
                                Anyone out there, T or LL, ever used this

                                https://www.zerodeposit.com

                                We have an agent who offers this asking if we want to market our property with this. My initial thought was that it would simply attract people who can't even save enough to let a property... not the kind...
                                23-04-2019, 15:35 PM
                              • Reply to Zero Deposit scheme
                                jpkeates
                                Actually, I think that tenants will like it.
                                It means that they pay more over time, but it's not as bad as it sounds.

                                One of the schemes I looked at costs £130 per annum (to the tenant) and would replace a deposit on one of my properties of £1200 (or £1000 after June 1).
                                ...
                                24-04-2019, 12:45 PM
                              • Whos name as "Landlord" on the AST
                                adlettings
                                Is it right that on the AST you put the managing agents name as the "landlord"? Or is it who is the land registry owner?...
                                24-04-2019, 12:11 PM
                              • Reply to Whos name as "Landlord" on the AST
                                jpkeates
                                You're the landlord and the agent is providing a service on your behalf.

                                If the agent ceased to exist, you'd still be the landlord and your tenant would still be your tenant.
                                You receive the rent (ultimately) and you have all the legal liabilities of a landlord.

                                Your...
                                24-04-2019, 12:33 PM
                              • AST Additions
                                duckandcover1
                                Hello, first post here so hopefully I don't fall foul of anything. found this site from a post on Moneysavingexpert by a longstanding member

                                A bit about me, I have three properties, one is mine, one members of my family live in and the third will be rented out

                                I've joined the...
                                26-08-2018, 09:37 AM
                              • Reply to AST Additions
                                jpkeates
                                If the landlord requires the tenant to pay someone to clean the carpets it's probably illegal, but requiring the tenant to clean them should be OK.
                                If the tenant decides to pay someone rather than do it themselves, that seems also to be allowed.
                                24-04-2019, 12:25 PM
                              • Reply to Whos name as "Landlord" on the AST
                                adlettings
                                Thanks for your reply

                                So say if I am using an estate agent to manage the property, and yet i am the "landlord" i.e. owner. I would use my name on the AST under "Landlord" even though they are managing the tenancy?

                                Unless I am misunderstanding the difference...
                                24-04-2019, 12:22 PM
                              • AST - Query re; periodic tenancy
                                jwrossi
                                Hi Guys,

                                In my rush to find a place to live following my move from Australia, I signed off to the following clause in my AST agreement and wanted to know if I had a leg to stand on in possibly avoiding the £100 fee;

                                "It is agreed that if notice from either party is not...
                                24-04-2019, 11:08 AM
                              • Reply to AST - Query re; periodic tenancy
                                jwrossi
                                Thanks both - silly on my part!...
                                24-04-2019, 12:19 PM
                              • Reply to Whos name as "Landlord" on the AST
                                jpkeates
                                It actually works the other way round, whoever is named on the agreement as the landlord is the landlord.

                                If the managing agent is the landlord, that's who's name should go there.
                                If, as it sounds, they're simply the landlord's agent, the name should be the landlords (and the tenant...
                                24-04-2019, 12:17 PM
                              Working...
                              X