Wondering if I’m entitled to a refund for this short term let [Merged]

RHemmings

propertyrental said:

1122abc said:

If the property management company has not sent me any terms and conditions, then surely there is nothing to state that it 'IS' refundable?

There's a contract. They agreed to provide the accommodation. You agreed to pay for it.

The accommodation has to be fit for purpose. It is arguable, here, that it isn't. Note: arguable, not definitely. 

OP - if you stay in the property you may be deemed to have accepted it. If you feel that the property is not fit for purpose, then you can move out into alternative accommodation. If so, you will have suffered a loss and if the landlord will not compensate you then you can sue. To be successful in suing, you most likely would have to show that the property wasn't fit for purpose, including having the paper trail of it not being fixed, justifying you having to move out and book alternate accommodation. Note that the court may take a different viewpoint on whether the wet bathroom and the need to climb stairs makes the accommodation unfit for purpose.

Given that you have an 'unofficial' (it seems) extension on the AirBnB, not done through the platform, then AirBnB customer services may not be able to help. However, it might be interesting, if you don't get a resolution, to discuss the matter with AirBnB. It could be that this extension which I presume is not done through the AirBnB site may conflict with the landlord's contract with AirBnB. Not sure on that. But, if so, and the host has broken the AirBnB terms of service, then that may have consequences for them. 

saajan_12

1122abc said:

If I make a booking for accommodation but I am not sent any T&Cs, nor am I told that the booking is non-refundable / not able to be cancelled,  can the company legally deny me a refund or cancellation?

1122abc said:

propertyrental said:

1122abc said:

If the property management company has not sent me any terms and conditions, then surely there is nothing to state that it 'IS' refundable?

There's a contract. They agreed to provide the accommodation. You agreed to pay for it.

..
If I haven’t been sent any T&C, then how is the booking non refundable?

Transactions or agreements are by default non refundable, aside from any specific consumer protections. You would need specific T&Cs to change this default position. Without that, you have a (verbal) agreement to receive accommodation for x months in return for £y payment. No changes. 
Now if you breach that, they might be limited to either their profits or costs, but in this sort of thing the profits might be close to 100% anyway. 

So I don't think you can really get out of it. The alternative is to make sure the LL sticks to their end of the bargain, by pushing for the repairs in a timely fashion. 

BarelySentientAI

1122abc said:

propertyrental said:

1122abc said:

If the property management company has not sent me any terms and conditions, then surely there is nothing to state that it 'IS' refundable?

There's a contract. They agreed to provide the accommodation. You agreed to pay for it.

English isn’t my first language but thanks for your correction?

If I haven’t been sent any T&C, then how is the booking non refundable?

If you haven't been sent any T&C, then how is the booking refundable?

1122abc

Thanks for the new replies. 

I have another related question. 

I have asked the company for their T&Cs (e.g regarding charges for other things such as damage). I spoke to someone on the phone and they said they’ve never heard of that before. They checked with someone else and confirmed that they don’t have any. Is this quite common? What if a customer trashed the place or held a party or damaged something in the home etc? Should there be some kind of T&C to state the customer has to pay xyz or similar. Just as a specific example. 

I have burned some money and spoken to a consumer lawyer. His advice differs to this thread, but I am not sure if it’s just to get me to pay a full fee to instruct them. 

1122abc

Another question


I mentioned to the management company that I will move my mum to another property on XYZ date. I didn’t say I wanted to cancel the booking, nor that I wanted a refund (have given up with that).  The management company took this to mean that I am ending the booking on that XYZ date and they will now accept another booking from someone else. Is this legal? 

marcia_

1122abc said:

Another question


I mentioned to the management company that I will move my mum to another property on XYZ date. I didn’t say I wanted to cancel the booking, nor that I wanted a refund (have given up with that).  The management company took this to mean that I am ending the booking on that XYZ date and they will now accept another booking from someone else. Is this legal? 

 Is what legal? Them finding a new booking? Or what you have done? 

1122abc

marcia_ said:

1122abc said:

Another question


I mentioned to the management company that I will move my mum to another property on XYZ date. I didn’t say I wanted to cancel the booking, nor that I wanted a refund (have given up with that).  The management company took this to mean that I am ending the booking on that XYZ date and they will now accept another booking from someone else. Is this legal? 

 Is what legal? Them finding a new booking? Or what you have done? 

Finding a new booking for the second month and accepting it based on what I have said. I have not cancelled the booking, I just said I’d move my mum elsewhere. On what basis can they ask me to leave? 

BarelySentientAI

So you want to leave and get a refund but also don't want them to cancel the booking and get someone else in?

1122abc

BarelySentientAI said:

So you want to leave and get a refund but also don't want them to cancel the booking and get someone else in?

Not looking for a refund. Just wondering if they can move someone else in/accept another booking for the month I’ve paid for when I haven’t asked to cancel the booking i.e. can they “kick” me out

BarelySentientAI

1122abc said:

BarelySentientAI said:

So you want to leave and get a refund but also don't want them to cancel the booking and get someone else in?

Not looking for a refund. Just wondering if they can move someone else in/accept another booking for the month I’ve paid for when I haven’t asked to cancel the booking i.e. can they “kick” me out

They might well have interpreted "I'm moving out" as you not wanting the rest of the booking - i.e. you asking to cancel.