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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good Afternoon. I reside in North Yorkshire, and own a holiday

Resolved Question:

Good Afternoon.
I reside in North Yorkshire, and own a holiday log cabin, on the side of Loch Awe, near Oban on the west coast of Scotland. I have a website www.lochawelogcabins.com where I advertise our cabin, plus about another eight cabins belonging to other owners on the site for rental. In the case of other owners I take the bookings, collect monies, inform the caretaker, and pay the owner after the rental less 10% commission.
Last year I rented one of the other owners cabins to people from Cornwall from Oct 25th until 1st Nov for a price of £270. They arrived late approx. 9pm on the night of the 25th Oct, collected the key from the caretaker, and went to the cabin. About half an hour later they contacted her with the following complaints:-
1.A dead mouse in a trap.
2.Two or three pistachio nut shells on top of the cooker hood.
3.Rubbish under one of the bunk beds.
4.The smoke alarm had, had the battery removed, was standing next to the alarm.
5.The fire extinguisher showed no pressure
6.Cobwebs in one of the bedrooms.
This list although it looks alarming at first glance really amounts to very little. As the cabins are in a very rural, and wild part of Scotland, mice are quite often a problem, getting towards the winter. Traps are the only recourse we have to get rid of them, as poison is strictly forbidden around or underneath the cabins, as there are colonies of red squirrels nearby. The pistachio nut shells on the cooker hood, had obviously been missed by the cleaner, but the "rubbish" under one of the bunk beds is actually childrens outside toys for the benefit of guests. The battery was lying next to the smoke alarm, and it was highly unlikely that the cleaner would have left it like that if indeed it was like that when they arrived. Cobwebs are also a problem at that location, I personally have seen large cobwebs that have appeared, two hours after a cabin has been cleaned.
The people stayed the night, and left early the next morning without giving the caretaker the opportunity to rectify the "faults", which all in all would have taken about 15 mins. They wrote to me on their return complaining, and requesting the return of their payment (£270.00) plus a further £196.00 for the difference of what they paid for alternative accommodation. I feel that their claim is unjust, and they arrived during bad weather, did not like the area, and are looking for a way out. I forwarded the letter to the owner of the cabin to deal with, and he thought also that this was not a valid claim, and refused them. They have now served county court summonses on me and my wife, both for the £464. Can you please advise if this is a defendable case or not.
Kind Regards
Tony Blades
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello Tony my name is ***** ***** I will help you with this
Alex Watts : Is this a county Court summons issued in England or Wales ?
Customer:

Hello Alex

Customer:

Hello Alex Thank you for the reply The county Court Summons was issued in England

Alex Watts :

What is it you would like to ask of me about this?

Customer:

Hello Alex

Alex Watts :

Hi

Customer:

Hello Alex I would like to know if this case has a reasonable chance of being successfully defended

Alex Watts :

Yes I think so. The things they are pointing to are minor.

Alex Watts :

As you say this is a rural cottage. There are going to be cobwebs and things.

Alex Watts :

Its not a city hotel

Alex Watts :

Therefore I think you have a reasonable defence.

Alex Watts :

Therefore I think based on what you have said, there is a good chance of you defending the claim.

Alex Watts :

Even if you lose I think compensation would be £50 maximum

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for that. As the owner of the cabin has rejected their claim, and they are now proceeding against me as I acted as his agent, if I were to lose the case, what would be my redress, start proceedings against the owner, and if so would this be difficult as he lives in Scotland

Alex Watts : If a claim is aagainst you then you should counter claim against the owner. You won't be liable
Alex Watts : Does that help?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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