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Accused of damage at holiday let

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Hello everyone,

I recently rented a cottage with Sykes cottages. After returning from the holiday I have received an email stating that the cleaner has found damage to the kitchen counter. They have attached a photo of a chip to the laminate coating of the counter. We did not cause this damage. We remember seeing this chip when we arrived but unfortunately we didn’t take photos or report the damage as it was so small. 

The owner of the property is claiming that:
a. We damaged the property. 
b. The damage cannot be repaired and the whole counter needs replacing. 

Sykes cottages have informed me that they are getting a quote with this repair and will be back in touch for us to pay it. 

Where do we stand with this?
Any advice on what to say to Sykes cottages would be much appreciated. Many thanks. 

Comments

  • Nearlyold
    Nearlyold Posts: 2,380 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Is this a chipboard worktop with a laminate wrap?  If it's just a small chip they can easily be repaired with colour matched tubes of epoxy resin manufactured specifically for this issue. Won't be perfect though.
  • Alderbank
    Alderbank Posts: 3,918 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper

    Tenants are responsible for damages caused by their negligence, misuse, or accidents, but not for fair wear and tear. 
    Fair wear and tear refers to the reasonable deterioration of the property and its contents resulting from normal use and the natural aging process during the tenancy. Sometimes referred to as the 'use' of the property it is covered by the rental payment.

    To succeed in a civil claim, the owner of the cottage needs to show that you and not anyone else (another tenant, a cleaner, etc) caused the chip; that it goes beyond the normal use and natural aging of a holiday cottage; that solely because of that chip and until it has been remedied they can no longer charge the same daily rate for the cottage (in other words, that they have suffered a loss) and the remedy they are seeking does not impose any betterment on you.

    In your place, unless or until I received a Letter Before Action which satisfied all those points, I don't think I would be saying much at all.
    I might possibly acknowledge the presence of the chip, saying I saw it when I first entered the cottage but I just considered it to be the normal wear and tear of a holiday let and did not think that a reasonable person would ask for a discount because of it.

  • b. The damage cannot be repaired and the whole counter needs replacing. 

    Owners are having a laugh, tell Sykes you dispute the damage was caused by you, should you wish also that even so a chip is fair wear and tear, the owners aren't entitled to betterment and if Sykes make any charges to your card you'll seek to recover the amount from them (Sykes) via the small claims process. 
    In the game of chess you can never let your adversary see your pieces
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