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.

So why do they drown in garden ponds?

Even if that is true - so what? It's her house and she doesn't want kids in it for whatever reason. The guests and letting company are taking the piss by ignoring her on this.

A child could die crossing the road, there are risks everywhere. It’s not really urgent is it, it’s up to the parents to watch their child in the garden

Or they could just watch them carefully.

Probably because the parents aren’t watching them

I suppose my answer would depend on whether as the cottage owner I would be liable should an accident happen and they decided to take legal action. They decided to ignore the no under 12's rule and it's their responsibility to keep their children safe. Some people just do what they want.

I would let it go this time for the families sake, but I’d be withholding funds from the agency or changing agencies as they aren’t dealing with the issue (if this is their issue to sort?)

The OP has no control over how they parent.

If a child does drown in her pond, the fact that it wasn't her fault will only provide limited comfort.

But fundamentally if the terms of booking are no under 12s then the OP can ask them to leave.

I'd say ultimately this is on the agent, although as a PP has said, if the guest didn't supply this information, it makes it more tricky.

Definitely move agents though. This lot seem useless.

Do you have the renters’ contact details or does the agent only? You/agent need to send an urgent message asking them to confirm that no under 12s are present on the premises as per booking contract or if so you expect them to vacate asap as you can accept no liability for them and it is their own risk.

What OP can do is put a clause in her rental agreement (if she has not already done so) that the rules around guest numbers and ages will be strictly enforced, and the owner reserves the right to deny guests who are in breach of them.

Notify the agent of the clause and encourage them to do their due diligence to avoid this. Also warn them that if this happens again she will move to another agent.

Ummm...does anyone remember the thread from a few days ago with the mum contemplating cancelling their holiday because the property had an unfenced pond/pool/hot tub (can't remember which) and a number of other non-kid friendly features (possibly a fireplace?). 🤔

Children have been known to leave house when adults are sleeping and drown in a pond.

I wouldn’t want that the risk of being near a pond.

A toddler, who lived very close to me, drowned in a pond on Christmas Day. I don’t care how slim the chances of that happening are, it’s too much for me.

Get rid of them OP.

That depends on the terms of her rental agreement. If she hasn’t written into the terms that breach of guest numbers and ages will be refused - (which I have suggested she does above) she doesn’t have the right.

Realistically, if the worst were to happen and a lawsuit followed, any lawyer worth their salt would go after everybody connected with the place.

Agent is clearly crap! They should ask tge family to leave, as its outside the T&C. Just as they would need to do with stag/hen night bookings or whatever. The family knew the rule on under-12's so I've limited sympathy- theyre just trying it on.

Why are people so alarmist?! Kids drown in ponds. They also choke, get hit by cars, fall off trampolines and break their neck. It happens, but not as much as you’d think from posts on here.

My kids gasp grew up with an unfenced pond and lived to tell the tale, because I parented them, as most other people do.

OP, you just don’t want kids in your house and that’s fine but I’d let it slide this time in all honesty. I was immediately irked by your nosey neighbour though, peeking in peoples cars? Get a hobby!

Turning up in person (or having your relative do so) and demanding that guests leave can easily cross into harassment or unlawful eviction, even though it’s a holiday let. You don’t have the same rights as a landlord, However guests still have a contractual right to occupy the property for the duration of their booking.

Instead you should contact the letting company (as already done) and make it clear that your terms have been breached and ask them how they intend to handle the matter. This throws responsibility back upon them. Document everything.

You can’t message your way out of liability. It’s either there or it’s not

It's mad, isn't it? I'm sure there are lots of holiday lets to choose from in the wider area.

These days, you just easily filter out all the ones that you don't like/aren't suitable for your needs and then choose from the remaining ones that are suitable and desirable to you.

It's sad if they lose their holiday, but they should have chosen somewhere suitable, so it's all on them. Ignoring three mentions in the booking details is not a genuine mistake.

Not sure you can legally boot them out. Check what the agent advises next steps would be, and/or check with your legal representation.

Is there definitely a child there?

A lot of people who have babies have a fixed car seat in their car - which they leave in there (especially if they have left the baby with a grandparent who also has a car seat)

If they're willing, I don't think this is a bad idea at all. Not necessarily getting the neighbour to actually throw them out, but to make it clear that they have been seen and that their deceit will get back to the owner.

If they're game, I'd ask them to 'bump into them' and express great surprise at seeing the little one, as they know that you strictly don't allow young children - and surely you would have mentioned this in the booking details?!

Plenty of good parents lose their children in ponds, pools, via choking etc. It doesn’t mean they- gasp- were shit parents, they’re just not superhuman and can’t keep their eyes on their DC at all times. As I said before, it happened close to where I live on Christmas Day. Unimaginable tragedy. I believe they were at a grandparent’s home so not their garden pond. The French doors were left open, in the hustle bustle of a big family Christmas no one noticed the toddler escaping until it was too late.

OP is being incredibly sensible here demanding that young children do not stay. A pond net would be sensible on all ponds regardless, I don’t know why anyone doesn’t have one.