No refund on £4,500 house rental

[littlelightshining]

Every year my whole extended family rent a big house for the October half term (one week). We save a certain amount each month into one account and that covers the cost of the house rental and usually a big sainsbury's shop. It's literally the highlight of everyone's year (yes, we're a family that actualy quite like each other!) and many years it's the only holiday we have. We had booked for this October and received a message from the house rental people saying only 6 people can go, but because the house rental is still legal we are not entitled to a refund. They will not move the booking to another week next year. The house is obviously ridiculously big for 6 people, and that would also make a very expensive week for 6 people to pay!! Does anyone know if we have a leg to stand on? We've tried appealing for flex or compromise but received a reply telling us that they are close to liquidating the company and we have no other options. Anyone have any helpful insight here? Realise that losing money isn't as bad as many situations others are facing right now, but have to admit I'm feeling a bit down about it right now.

Was the house,advertised as accommodating more than 6? If so can't see why you aren't entitled to a refund.

When did you book?

They knew it was booked for more than 6 people right? If so, calmly state the facts and ask for a refund in writing / or a pro rata change in price - so 6 people can go.

We have been to the same house the last couple of years so booked and paid a deposit last year and then paid the rest in installments.

In terms of our rights, the letter we received stated the following: The contract you entered into
was for the hire of the property as a whole. Indications are given in our
information as to the maximum number of people that can be
accommodated but the actual number is determined by choice or, in this
case, regulatory restriction. The latest ‘6 person’ restrictions do not prohibit
us from renting the house to you, and, as your contract is for the house, we
can and should provide it to you. There is therefore no ‘frustration’. The case
law suggests that whilst one party might find the position highly
‘inconvenient’, it does not mean a contract is frustrated. The basic test for
frustration is an ‘impossibility’ to perform the contract. The fact that
governmental restrictions introduce a ‘six-person restriction’ on your
enjoyment of the property is highly inconvenient (to use the case law
terminology) but does not frustrate the contract.

So did the contract state that the maximum number could be restricted by regulations? As if it didn’t it could be made out that contract is frustrated

How big is the house?

There are a shit load of exceptions to the rules. Do you not fit into any of them!?

Well they are correct, OP. The law now in England suggests they shouldn't knowingly allow more than 6 people (except if from one household) stay at the property. Do you have insurance? They aren't in the wrong. How many of your family group could/would attend? Are any in a household or bubble already of 6+ who could enjoy it?

It’s unfortunate but I don’t think they’re wrong here. The house is available. And I don’t think I’d move it to next year if they’ve told you they are on the brink of insolvency, as the company may well not exist to honour the booking.

Have you got insurance? If you have some taken out prior to the booking/March, it may cover this. If you haven’t insured the trip itself, does anyone have any bank account/annual travel policies etc that might cover it?

Do you have any insurance that you can claim on? A bank account that gives free insurance?

I'm sorry but I think they are in the wrong! It's not ops fault, and a good host would be flexible. If a property books for parties larger than 6 they should be flexible in regards to current rules. Whether they are legally right or not, I think they are morally lacking in refusing to delay or change the booking

I can't find any exceptions that I apply to us unfortunately.

I have travel insurance, do you think they woudl cover it?

Unfortunately we are lots of families of 4-5, so I can't tetris a way to get more than that number in the house at one time!

ARGH, it's so frustrating.

I really appreciate all your replies by the way. I feel a bit helpless but want to make sure I haven't missed anything obvious and given up too early!

His many people does the house sleep OP?

I can see both sides, I don't know what the legal position is, but it's a shame the owners aren't prepared to be more flexible with you.

@clymene It sleeps 20 people

@waitingforadulthood

I'm sorry but I think they are in the wrong! It's not ops fault, and a good host would be flexible. If a property books for parties larger than 6 they should be flexible in regards to current rules. Whether they are legally right or not, I think they are morally lacking in refusing to delay or change the booking

So,theyve hired the house to the op, not to x different people and are on the verge of going under and you think that they should say hey, here's 4.5k or let's swap to.a.date more convenient to you? Really? Yes we'd all HOPE that and then reality would creep in. They have probably had a far crapper year if close to liquidation and actually could have said nothing and go bust or.accept.a swap knowing op would see nothing of it. I'd say one family benefitting is better than no family. Perhaps draw lots to see which family goes?

@shellsandsunrises I feel bad for thinking this but I just get a sense that the insolvency threat is to deter anyone from making a fuss, it's written in a weirdly agressive / emotional way it doesn't feel genuine. I think that's what's bugging me the most, I feel like the rental company have taken zero downside, they're keeping everyone's money so I'm not sure why that puts them in dire straits!

I think their reply is a load of bullshit and they are trying it on. They are not offering you the property they advertised (one that sleeps 20) whether it is their fault or not.

Then you should surely only be paying 6\20?

Did you have to give them a list of the people staying when you booked? I have found that more and more companies are asking for this (to guard against hen parties, groups of teens, etc)

If so, I wonder if that becomes an implied contract term that they are now unable to meet?

i'd ask in Legal if i were you.

OP the current situation/restrictions are causing issues for the company and not your wish to cancel the booking

I would contact your travel insurance and ask them what they advise, because they will not want to pay out unless they absolutely have to. The only issue with that I can see is that you might get your share back from your insurer but the others wont if they are not insured.

Try trading standards, although they may not have caught up with current regulations yet. Or Martin Lewis/Watchdog type places.

It sounds dodgy and I do wonder if the "we are going into liquidation" thing is to stop you trying to take them to small claims.

Haven't read the article in full but suggests some companies being flexible and you may have right to refund or move dates...

www.google.com/amp/s/www.bbc.co.uk/news/amp/business-54103706

Either way for that money worth a quick legal advice

I am still trying to get a deposit back for a holiday booked in May.

I have taken it to court but tbh it's a stressful pain and I wish I hadn't bothered. One thing chimes though. All their correspondence / defence is about what a terrible person I am and how much they are suffering.

It would be impossible to know from it that they kept my cash for a holiday they couldn't provide and were then fully booked for most of the summer.

My blood pressure rises just thinking about it. Good luck OP.

I'm conflicted on this.

I work for a holiday letting agency, although not the one the OP is using as we don't have any houses to sleep 20. This year has been bloody awful to say the least. We've had to make refund after refund and even offering a credit or a deferment of dates hits us hard as effectively we've given away two holidays for the price of one if the original dates do not rebook. We could reasonably expect to let the future dates to someone else, hence the double loss. The company I work for is clinging on for dear life, and without the furlough scheme we would have gone under months ago. If there is another lockdown we will be finished and 25 people will be out of a job. I can see why this company are reluctant to offer you a refund.

Having said all that, I have every sympathy for people in the OPs position, particularly as I expect they've been looking forward to their holiday after the shit year we've all had. The tone of the letter is quite rude, but I think there is some merit to the company's argument. Will they not offer you a reduction to allow some of you to take the break, or a postponement at all? We are asking if people can adjust their party size, or perhaps some come and then do a swap part way through the week so everyone gets some holiday. Ultimately though we would try to help people if none of this worked,