Holiday let..burnt surface...LL wants a brand new worktop??!!

mazy_m

Hi all,

Need your fantastic expertise again...

So the situation is this....myself and five friends rented out a cottage for four days over the New Year.


Shortened version is below i've kept the longer one underneath in case anything else is needed.

We rented out a cottage.

One night when I was cooking, I took the pan and placed it on the surface for less than a minute as I usually do at home. It had left a small not very dark burn mark on the surface.

The landlord claims we have damaged the worksurface, and would like the worktop replaced.

What are our legal rights here? What are we liable for? "If" anything?

Can he take us to court for a whole new work surface for a tiny burn.?





We looked after it, kept it clean and treated it with due care and respect.

However one night when I was cooking (with tiny pans that didn't hold enough food for 6 adults!!! as stated in the booking a few weeks prior to renting it out!)

I took the pan and it was hot and awkward in my hand and placed it on the surface for less than a minute as I usually do at home..

A thought went through my head that actually it might not be heatproof so I picked it up again and put the food in a bowl and put the pan into the sink.

It had left a small not very dark burn mark on the surface in all honesty it wasn't very noticable so I didn't really think much of it.

Part of the reason I thought it wasn't a problem was that the kitchen wasn't in a very good condition anyway there were stains etc there already and everything was very old and run down.

However on leaving the property the LL rang up the guy who booked it and said we would have to pay for a brand new surface.

Now I don't really think we should have to pay for this at all due to many reasons....

Surely he should have had a sign up saying it wasn't heatproof he had signs all over the house about how to use every other thing safely, the whirlpool bath, hot tub, dishwasher etc and anything that may cause damage.

There were no heat mats or metal tray things etc so nowhere else safe to put a hot pan once picked up.

Another reason is that we specifically booked this house as it had a hot tub and for two of the nights the water smelt so bad that we couldn't use it. He had been to see us on the last day and I said to him about it smelling and he said it was the lid and I said that makes the water smell odd. He said the filter had come off too (this was bobbing in the hot tub the first time we took the lid off) so I made sure to tell him this and he said it was ok he knew it was broken and that we hadn't done this.)

So effectively we paid for two nights for a house for which we couldn't use all the facilities we paid for. The first two nights were fine.

I've told my friend that I don't think we should be paying a penny let alone forking out for a whole new work surface as I said this kitchen was not very modern and is in need of an update it's the one room that lets the rest of the house down.

So is this guy just trying to get us to pay for this to make a quick buck.

What are our legal rights here? What are we liable for? "If" anything?

Can he take us to court (as he has threatened) for a whole new work surface for a tiny burn. It's not a raised burn it looks like a bit of tea has been spilled. ( I don't know how else to explain this!)

Thanks in advance

Maz

Itismehonest

Was the cottage booked direct or through an Agency?

mazy_m

It was booked through Hoseasons.

Hope this helps.

poet123

Have you paid a deposit against damage?

mazy_m

No we just paid for it in full at the time of booking.

mazy_m

Thanks AO... : )

Wrote it out a bit fast to get it out !! lol!!

rrf494g

The burnt worktop was seen, and payment requested by the Landlord, so it stood out in the "old, run down, stained" kitchen.

What did you agree to in the terms of letting?

All the other things (small pans, smelly hot tub, no heat mats etc) don't have anything to do with the claim for burnt worktop (although if you feel they amount to misrepresentation of the flat and contents you could try for recompence).

If it goes to court I wouldn't use the same argument, as it does come across as if you think you were "entitled" to burn the worktop because other things were not satisfactory.

I would base a response on what you agreed to in the terms of letting regarding damage. Only you know the exact nature of how you left the kitchen.

good luck

G_M

If you've paid a deposit and he's keeping it, you will have to decide whether to pursue him for it.

If not, he will have to decide whether to pursue you.

Either way, it sounds like you have a good case:
1) kitchen already damaged, so LL is claiming 'betterment' (ie brand new woktop in place of grotty one)
2) no indication it was not heat proof
3) signs elsewhere warning of similar issues - why not here?

But it may come down to his word against yours - do you have any photos you could show the court to demonstrate the 'grootiness'?

A compromise may be to say, yes you did cause some minor damage so how about £50 and we're quits?

mazy_m

Thanks to be honest we know we left it with a very small burn that's the only difference...surely not enough to justify a whole new worktop.

If I had been informed that it was not heatproof like my one at home then I wouldn't have placed it down onto the surface and if there had been heat pads they would have been there to stop this from happening.

So surely the fact that he didn't provide the right tools in his letting meant this accident was able to happen and he should have taken steps to prevent it like he had with the other items in his house that he had created signs for.

Thanks for your replies

mazy_m

Thanks GM..

No we didn't take any pictures of the kitchen as we didn't anticipate this at all.

We didn't pay a deposit just the amount in full for the rental of the property for four days.

I'm willing to go to court as I don't think he will win for the reasons you said above as I didn't know the word but I believe he is trying to claim "Betterment"

To be honest even £50 is taking the mick as it's just after Christmas and we paid a lot to stay there over the odds for what it was really so I don't want to pay them another penny.

Thanks again for your response.

Itismehonest

OK. It may help you.

First check the Terms & Conditions which were signed by whoever booked. They will include a section on damage. Usually the person who books has signed to say they will be responsible for any damage caused by themselves or any member of their party. Make sure you know exactly what that section says.

Although I doubt the owner would go to the hassle of taking you to court, you will have signed to say you are liable to recompense him in some way so he might.

Next check if the cottage has an official grading from someone like VisitBritain. If it was as bad as you say then it may not have. If it does you can always complain to them if Hoseasons don't sort things out.

Next contact Hoseasons. Ask when they last inspected the cottage.
Explain that you are aware that you caused slight damage but you feel that total replacement is unfair as there were no surface protectors, no warning notices that the surface was not heatproof etc. & were they aware (as the owner WAS) that the hot tub was not functioning correctly - broken filter etc.
Point out that it was because of the hot-tub that you booked that particular cottage & you feel that you were misled.
Put the ball in their court.