Holiday cottage - Booting family out, AIBU?

[HolidayCottageAnnoyance]

I have a holiday cottage which does not allow children under 12. This is for health and safety reasons (think steep stairs, pond, open and functioning fireplace etc). It says on the listing at three different points on the listing page that children under 12 are not allowed. This includes babes in arms. It also makes it clear when you book (i.e. once you've selected dates and you get through to payment) that children are not allowed. There is literally no way this can be missed.

I had a phone call from a neighbour this morning as they had seen a toddler in the garden and had noticed that the car that the 'couple' arrived in has a baby-seat in it. I rang the cottage company before lunch and received a rather passive response that made it clear they didn't want the grief of turfing the family out. I was very firm and said I wanted them out by the end of the day. Long story short they are still there (I have texted said neighbour to check).

So here is my AIBU: would I be completely unreasonable to send a relative tomorrow to boot them out if they are still there? As it's all done through the cottage company I have no way of getting in touch with them myself, so either relying on the ineffectual cottage company or sending a relative are my only choices.

YABU: Let it go, the child hasn't been injured so far and it's only four more nights.
YANBU: They're cheeky fucks and you should boot them out even if the holiday cottage company isn't going to help. Then you should find a new holiday cottage company to list through.

The renters most probably lied by omission on the booking form, stating the adults but omitting the toddler.
At that point the booking agency was as much in the dark as the owner until they arrived.
Were they given access in person or remotely with a lock box/entry code? The person letting them in was responsible for checking there were no under-12s. If it was remotely I think a sharp e-mail to the renters needs to be sent by the company, perhaps fining them for breach of contract, just like they would if the property was damaged or left in a very dirty state.

If it’s AirBnB the owner can leave a terrible review on the renters’ profile. That’s about it.

I met a child the other day, who had survived drowning in a pond. It wasn’t a good outcome.

Yeah, this x 1000000

No extra advice but this is just wild to me. Why on earth would they book somewhere that's specifically not for kids. When we had babies, that would be an essential for booking anywhere and meant our first holidays (UK, log cabin/caravan) were chilled with highchairs, travel cot, space for pram, no stairs etc. When we've gone on big family hols with all the nieces and nephews we never get somewhere with a pool or a pond on site - it's just not worth the worry.

If your o ly concern is health and safety I’d leave them be. Wouldn’t you have covered yourself by saying no kids? They can hardly sue you if their kid falls down the stairs when you’ve said no kids???? If I’m wrong on the liability aspect then get them to leave.

Can you speak with the agent rather than email? And also, just a thought, but where is the child sleeping as would assume that no bed was made up for them if they weren't on the booking?

How do you know? Maybe the couple with the toddler have family near by and the child is staying with them. Or maybe they are babysitting during the day. I don't see how the property could be that dangerous to a toddler who is being watched or for an 11 year old.

@HolidayCottageAnnoyance generally speaking the final contract when using a holiday lettings company is between the owner and the renter (with the company essentially being a broker). The Ts&Cs usually include that a booking will be terminated without refund if the booking conditions are breached. So double check and assuming that's the case you or your agent (relative) can tell them to leave.
The minority will always try it on. Children, pets, extra people etc etc.

Don't send anyone over to confront thats obviously not appropriate.

You need to establish if they are on breach of contract. If so, request the company remove them, it's down to them if they can cover costs to locate them to another suitable property. If you are not, you need to see if you would be covered by insurance. If you're still covered I would ask that they ensure the family know that it's not suitable for families to prevent risk. No they shouldn't have booked but are they really going to learn a lesson- probably not. If you're not insured they need to leave immediately and both family and agent need to be aware that they need to leave.

There's a pond on the property. There's NO way I would want a small toddler near a pond . . . there has been a fatality in my area when a toddler was playing in a neighbours garden and fell into the pond

If there's no under-12s allowed, that includes it being used as a place to babysit tots during the day. Which feels like an unlikely scenario anyway. No u-12s means exactly that and includes 11yos, toddlers, babies. It's not hard to follow the rule and very clear when it's broken.

Get the sticky beak neighbour to do it.

Ring the holiday cottage company NOW and tell them the situation and you want it resolved, i.e. parents and child/children evacuated from the cottage before 18.00 today. Hopefully, it is not too late for an accident to have occurred.

It’s probably someone from the holiday cottage let company that is there with their child. Snakes.

Personally, I’d probably leave them be. If they were dumb enough to book it, the risk is on them and I wouldn’t want the hassle of dealing with refunding them or dealing with the aggro of bad reviews.

But I wouldn’t be pleased with how the holiday cottage company was handling it, and I’d be letting them know that the contract would be ending as soon as current bookings are complete.

Plenty of kids have been around a pond and survived. But I understand you don't want the risk.

Contact the agency and say under 12s are not allowed for safety reasons. They might think you just don't want the place damaged and are being fussy.

If you can contact the tenants direct, say the same thing, it's not safe for under-12s and they'll have to leave.

Obviously don't send a family member.

It doesn't matter that the chances of an accident happening are slim: risk is assessed by the likelihood of the incident happening and the severity of outcome.

In this case the likelihood is low but the severity is high (potential death of a child). The OP is right to be concerned.

The contract is actually between the owner and the renter once the renter is there. Most agencies take absolutely no responsibility for anything 'on the ground'. The contract with the agency is only for booking and payment.

I wonder if there is a possibility the cottage agency has made a bulls up here with the listing.

You really can’t send a relative round there to kick them out. That is highly inappropriate and could also warrant a police visit.

Is your neighbour always that nosy? Whilst I can see there is potential that this family are in the wrong, it’s not very relaxing having a neighbour beaking over to see what holiday tenants are up to. Is that something she regularly does?

Usually with cottage agencies, the owner turns up and gives the keys and checks in. I know there are instances such as key boxes but maybe that would be something for you to consider if the holiday let company is not dealing with your rules adequately.

If you left them there though, could you live with yourself (let alone keep the cottage) if a child drowned in the pond?

I mean, there's being insured and not technically responsible, and there's having to stand again in a garden where a child died.

Err on the side of caution and have no children there.

Well if nothing else it's a good opportunity to find out exactly what your rights are while guests are staying there. My assumption is you (or your representative) can't enter the property without their permission unless it's an emergency, because they have the right to quiet enjoyment, and they could even have a complaint against you for harassment if your relative were to march in and insist they leave. But I don't know.

I don't think it'll be easy for anyone, your relative or the agent, to convince them to move out early. They'll just say no and then what do you do - send bailiffs, change the locks? But I'm interested to see what more knowledgeable people recommend.

Your holiday cottage your rules. Either you tell them to go or let agent say.

I wouldn't want this on my conscience either.

Do you know who is liable for the risk, OP, you or the agency or the guests?

Your holiday cottage your rules. Either you tell them to go or let agent say.

It’s actually both. The guests have a contract with the owner and a more limited contract for the agency’s services. The agent will have their own Ts and Cs in addition to your rental agreement.