when is a tenancy a holiday let?

[gregpeck]

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

[AndrewDod]

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.

[mariner]

So you signed a TA with the flatmate?

[gregpeck]

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.

[gregpeck]

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

[Mrs Mug]

Was this a type of Airbnb thing?

[jpkeates]

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).

[AndrewDod]

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

[gregpeck]

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!

[gregpeck]

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

[nukecad]

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.

[AndrewDod]

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.

[ram]

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.

[nukecad]

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.

[AndrewDod]

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.