Is this breach of contract - or just tough luck?

[Mumoftwokids]

Here's my problem -

I have placed £360 deposit for a weeks holiday let in August via a self catering booking agency. Agency has all the credentials so I am not worried about being scammed. However, being nosey a couple of days afterwards, I decided to have a look on the right-move website to see what the houses and area was like. Imagine my surprise when I recognised my holiday let on there!

Emailed agency who said they were only just been informed themselves (a bit ? about that coincidence about that) but if the house was to sell between now and August, they would offer us alternative accommodation or a deposit back should no suitable accomodation be found. Not very happy that, how can I plan for a holiday that may or may not happen?

Husband called today to demand deposit back, but they are dragging their heels. Manager not in nor is the owner of the property.

Gunning myself up for a legal fight to get deposit back asap so I can place it on another property I have got my eye on.

Anyone got advice?

Well, you're going to have to deal with this yourself really - it's not worth getting into any 'legal fight' over.

Your first point of call is to check the terms and conditions of your booking.

You may have the right to cancel anyway and claim most of your deposit back.

Thanks for reply. Admit it's very early days, I am looking into worse case scenario - i.e refuse to give my deposit back.

Terms and conditions say cancellation only on severe illness/ death etc.

Do they have the right in the terms and conditions to offer you another property?

Copy and pasted from T&C's

6 Availability The booking is made on the understanding that the Property will be placed at the Hirer?s disposal on the date stated. If this should not be possible through circumstances beyond the control of the Owner or the Agent (e.g. Fire, Theft, Damage, Death or Illness) then every effort will be made provide alternative accommodation. If this is not possible, the Hirer?s deposit and any rent will be returned in full, and the Hirer will have no further claim against the Owner or the Agent.

Nothing about putting house on the market

From that extract, I think you are entitled to your deposit back. The 'Property' is likely to be defined/mean the property you have specifically booked. Also selling the house is a circumstance within the control of the Owner - it is not what we would term a 'force majeure event' i.e. beyond a party's reasonable control.

The difficulty in your case is that the house has not actually sold so may still be made available to you.

And that's the annoying part of it! I got to wait for 5 months and hope they don't sell. Or lose £360 and place a new deposit on another property.
Hopefully, might get a positive response from Landlord/ letting agency tomorrow.....Thanks anyway Suebfg.

I think you need to name and shame the lettings agency involved. It sounds like sharp practice to me and I can't imagine it'll do business any good at all if people know that their holiday house might be sold from under them.

OneHandFlapping - it's very tempting! But I should at least see what the agency manager has to say. Annoyingly, you can still book this house on their website. Perhaps it is more common than I had realised!

I've had this before - owners were selling for completion only after all bookings were honoured, or else the new purchaser would have to honour bookings. Seems to happen quite a bit as owners of multiple holiday lets refine their portfolios.

notcitrus - that would make sense as availablity on agency website is June - Sept only. A bit more reassured, thanks.

Might ring up estate agent myself tomorrow or is that going seriously creepy?

I had a similar thing but the property was being sold to let so that may be the case with this.

It is possible that the house is being sold as a going concern business and that any lettings would be part of that and so the sale would make no difference to you.

Try ringing up the selling agent as an interested party - tell them you are interested in buying a holiday home in the area but you would not want to rent it out to other people - see what they say.

Would you be expected to let prospective buyers look round if it's still on the market? Not sure I'd be particularly keen to have my holiday joined by some random strangers. And if it's a holiday let then that's when people would be looking at it, I'd think.

It sounds like you need to go back to the agent and make them be clear on exactly what's supposed to happen if it a) sells or b) doesn't.

A very boring conclusion to this one, I'm afraid. Owner completely understood our position and gave us our money back. Have booked new hol. home now. Thank you all for contributing xx

Well done though

"Buy" the property then pull out ?

Or at least pose as an interested party and get further details.

We had a similar situation with a property we rented for Oct half term a couple if years ago. We had no problems. Agents were told when guests were staying and didn't book viewing during that time. It was being sold as a going concern and presumably all bookings were to be passed onto the new owners.

Glad you have sorted something anyway.