Holiday cottage withholding security deposit

Ninemile

I recently stayed in a holiday cottage for the weekend and had to pre pay a security deposit of £125 (I did this on a credit card). The deposit was supposed to be refunded 7 days after the departure date but I have now been accused of property damage by the owner. The owners state I caused damage to the decking with a BBQ and have sent me photos of some decking with burn marks. This damage was not caused by me and they do not have proof that damage was caused during my stay.

What is the best way to try and get my deposit back?

spadoosh

Do you have any proof that the damage was caused before your stay?

Ie a message to the owner informing them of marks on the decking. You noticing that there where burn marks and highlighting this on any documents?


I suspect you might need to take this to court to get your deposit back, providing you can prove it wasnt likely to have been caused by you/during your stay.

DoaM

Raise a section 75 claim against your card provider for the return of the deposit ... no need for a court claim.

bris

DoaM wrote: »

Raise a section 75 claim against your card provider for the return of the deposit ... no need for a court claim.

And when that's successfully defended by the CC then the court claim? Or do you mean just give up.

peter_the_piper

I wonder how many they have done this to?

Ninemile

It rained the whole time I was there so I did not step foot on the decking.

unholyangel

When did you check out and when did the owner contact you claiming damage? How bad is the damage?

Also, whats the date on the photos (google if you don't know how to find out)? It can be changed but imo its unlikely they will have done so.

Obviously I'm working on the premise that you definitely didn't damage it so I can think of two other possible scenarios. One, the previous renter damaged it and the owner did not inspect until just before your stay - at which time it was raining which concealed the damage. Two, someone (whether a renter, neighbour or trespasser) has visited in the meantime.

Murphybear

Interesting. I've stayed at many holiday cottages in the UK/Ireland and have never once been asked for a security deposit.

The problem here is that holiday rentals, unlike ordinary rentals, do not usually supply an inventory so it is very difficult to prove when damages are caused.

The only thing I can suggest is that if you can prove that the weather was so bad you would not have been outside then there is a strong likelihood that you did not cause the damage. Hopefully this might work if you take it to the small claims court.

If, as others have suggested, this company are scamming people it is possible that others have tried this route to get their money back which should reinforce your case.

Manxman_in_exile

Any similar stories on TripAdvisor?

nyermen

Ninemile wrote: »

It rained the whole time I was there so I did not step foot on the decking.

Is historical weather available to access? On balance of probabilities, it'd be pretty good evidence if you can show it rained the entire time i'd have thought?

i wouldn't expect to message them at the start of the holiday about the marks - I've stayed in cottages in the past myself, and there's often burn marks etc about. Unlike rentals, they very rarely get fixed.

DoaM

bris wrote: »

And when that's successfully defended by the CC then the court claim? Or do you mean just give up.

I meant there was no need to go straight to court - S75 is a free avenue to explore, and only IF (not when) that fails then try court.