Security Deposit

Garysw

I recently through Booking. Com. rented a apartment for 2 nights for my daughter. There was a £175 security deposit.
The check out time was 10.00 am. My daughter used the washing machine in the morning. The door of the machine became jammed and she could not recover the washing. I informed the landlord at 10.13 of the issue. He offered no support and just said they had to leave. They left at 10.27 am. They didn't break anything it was a fault with the machine. He has withheld the entire £175 saying that it messed his day up and he had to get someone out to look at the washing machine. I have contacted Booking. Com and messaged through the dispute resolution, which the landlord has ignored.
Any thoughts? 

MalMonroe

Hi, my thoughts are that because you booked through Booking.Com, you should pursue any claim through them in the first instance. The landlord is obviously not concerned at all but the £175 must have been paid to him by Booking.com and he feels no responsibility. Although he complained that the washing machine breakdown 'messed his day up', either he or booking.com must have been insured against such things occurring. I'd ignore the landlord from now on and concentrate on booking.com.

Was it booking.com's help centre that you contacted?

https://secure.booking.com/help.en-gb.html#/

They need to sort this out on your behalf.

If all else fails and you booked by credit card, you can claim the amount back via a Section 75 claim. Info in the following link -

https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/

If you paid by debit card you can try to claim back by chargeback but you've already contacted Booking.com so I'd wait for their response before taking any more action. But I'd definitely chase this. 

Garysw

Thanks for the help. The money was taken from my account by the landlord.. 

born_again

Late leaving & broke washing machine. Fault or not it was working prior to your use. Which will have meant landlord will have to have got someone out to repair. I take it that they also left the washing in there as well?

Exactly what the security deposit is for.

littleboo

It rather depends the detail surely. If the washing machine failed through normal use, caused the renter to be late leaving and have to leave without all their possessions, then the landlord shouldn't be keeping any money, and should be looking to rectify the inconvenience to his customer. 

nyermen

littleboo said:

It rather depends the detail surely. If the washing machine failed through normal use, caused the renter to be late leaving and have to leave without all their possessions, then the landlord shouldn't be keeping any money, and should be looking to rectify the inconvenience to his customer. 

Thats my take too.  And as an aside, the landlord is also an involuntary bailee for the possessions left behind (even if they're not worth much).

Ergates

born_again said:

Late leaving & broke washing machine. Fault or not it was working prior to your use. Which will have meant landlord will have to have got someone out to repair. I take it that they also left the washing in there as well?

Exactly what the security deposit is for.

It would be on the landlord to demonstrate that the guests did something to break the washing machine.  A door getting jammed is usually an electrical fault (causing the lock to not disengage) which is probably not something someone using the machine would cause.   That would fall under normal wear and tear and is not what the damage deposit is for.

born_again

Ergates said:

born_again said:

Late leaving & broke washing machine. Fault or not it was working prior to your use. Which will have meant landlord will have to have got someone out to repair. I take it that they also left the washing in there as well?

Exactly what the security deposit is for.

It would be on the landlord to demonstrate that the guests did something to break the washing machine.  A door getting jammed is usually an electrical fault (causing the lock to not disengage) which is probably not something someone using the machine would cause.   That would fall under normal wear and tear and is not what the damage deposit is for.

Or someone not reading the manual & causing a issue by realising the time & turning the washer off in the hope that it would unlock the door. Which some do not, as they need to finish the cycle.

Garysw

Latest update. I agreed a time with the landlord to go and collect the clothing. There was nobody there and no clothes. I messaged him about this and he said he had no obligation to me. Booking. Com are still in the process of dealing with it 
Born Again. That is not what happened with the machine at all. 

nyermen

Sorry for legal speak... regarding the clothes collection, they do have an obligation I believe.  https://www.legislation.gov.uk/ukpga/1977/32/section/12?view=plain