when is a tenancy a holiday let?

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  • theartfullodger
    replied
    It's clearly not for a holiday:. And it appears both tenant & landlord knew this,yet chose to sign a misleading agreement.

    Can't remember what sort of agreement it actually was (irrespective of shiny new signed paperwork) but it wasn't an AST so no deposit protection.

    Leave a comment:


  • gregpeck
    replied
    Thanks again! I will let you know. It would be interesting I am sure for others. But can you please explicitly say what is "clearcut"? There is no proof that the shower was not damaged by me, no proof I looked after the bathroom in general, no proof I did not see the wood being damaged...

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  • AndrewDod
    replied
    gregpeck,

    Well it sounds as if he may have difficulty in court. So providing you had some sort of contract which made it clear what the deposit was for and under what circumstances it should be returned, and if it should have been returned, then have a go at MCOL and you should win if it as clearcut as you say it is. Let us know the outcome.

    Leave a comment:


  • Moderator2
    replied
    Two related threads have been merged.

    gregpeck, it is the preference withe the LLZ forums to keep related questions together in a single thread.

    Leave a comment:


  • gregpeck
    replied
    Originally posted by AndrewDod View Post
    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.
    Thank you for confirming the MCOL. Perhaps you can tell if my claim is fair. The shower hose was broken and splashed water outside. There was a wooden table next to the shower that was splashed and I did not see the damage being made on its surface. I was only made aware of it after I left the property. I consider it unfair because the shower use was normal use, plus I cleaned the water from the surface each time. He is now telling me that he will withhold money for the shower too.

    Edit: there was no detailed T&C or inventory. A handwritten agreement saying it is a holiday let and that the deposit will be returned if no damage is caused.
    Last edited by gregpeck; 27-05-2017, 20:15 PM. Reason: add about T&C

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  • gregpeck
    replied
    AndrewDod,

    I am sorry you feel I am wasting your time. Do not reply again if you feel that way. For the record, my issue is an unfair withholding of deposit. It is not to claim 3x the deposit. This thread was to clarify whether such a tenancy is a holiday let, so that I know how to proceed. For instance, the shelter website has templates for AST when there is no deposit protection. In any case, thank you for the answers. I am still trying to understand but they are helpful.
    Last edited by gregpeck; 27-05-2017, 20:19 PM. Reason: removed about the other thread. Reason: threads were merged

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  • AndrewDod
    replied
    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.

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  • nukecad
    replied
    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.

    Leave a comment:


  • ram
    replied
    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.

    Leave a comment:


  • AndrewDod
    replied
    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.

    Leave a comment:


  • nukecad
    replied
    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.

    Leave a comment:


  • gregpeck
    replied
    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

    Leave a comment:


  • gregpeck
    replied
    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!

    Leave a comment:


  • AndrewDod
    replied
    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

    Leave a comment:


  • jpkeates
    replied
    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).

    Leave a comment:

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