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

System

Legal situation is firstly, yes, you are liable for the cost of making good the damage. And, yes, the landlord can take you to court for the cost of repair and replacement and it's easy for him to do so through small claims court. However, if has to produce a receipt to prove that he has had the work done (not just a quote for having the work done in the future). A court will also not award the full cost if the kitchen was not new and will allow a deduction for age/condition/wear and tear or for the landlord not aiming for "betterment". If it was over ten years old in a poor quality kitchen then a court would probably award him nothing or very little.

You also have a counterclaim against hoseasons for failing to provide the hot tub in a usable condition as was promised at the time of booking (and is therefore contractual).

If your contract was with hoseasons and not the landlord, he cannot take action against you, but hoseasons can.

I suggest you write to hoseasons requesting a partial refund as they did not provide the hot tub and mention that you will be defending the landlords claim for damage to the worksurface firstly as he did not have a contract with you and secondly due to the age and condition of the kitchen.

I own and run a holiday complex myself and have previously taken legal advice and action against guests for damage that they did not report at the time. Contractual relationships are key to the legal position - I take bookings through agents who are only booking agents (and therefore the contract is with my company) and also through agents with whom the guest has the legal contract (and not with my company). The legal and contractual situation in these two scenarios is entirely different.

In summary, the landlord won't get anywhere with his claim and probably wouldn't both going to court as there is too much risk for him. But only if you defend yourself against his claim via hoseasons.

lagoslife

Personally, as a holiday rental owner I would class this as an accident and cover the burn mark with a pan stand to prevent it happening again.

In the event of disputes, always gather evidence (photos) to support your case.

Some good tips on this post though.