Small claims?

[scamhammer]

If a UK owner lets down a renter, is it better to take them to them through the small claims procedure in the UK or Florida?

[blott]

Very, very rarely does this happen but, should it, then the guests' first approach should be to set out their complaint in writing to the owner and see if it can resolved there first. If they can't resolve it this way then yes the small claims court would be the place to go next I would think.

The contract between guest and owner usually says which country's laws it's subject to and this would define the location.

Just really interested but why are you so concerned about being let down by an owner? This is the third time today you've raised this issue!

[bellaepovera]

When I see the words small claims court and suing I run in the opposite direction!! [msnwink]

[Cruella DeVilla]

Puts me off the idea of renting our villa!!![}]
CDV

[wrpac00]

I am not quite sure what you mean by 'if a UK owner lets down a renter'

I have a section in my terms and condition (which the renter has to and agree to) that states -

If circumstances arise beyond our control the right is reserved to cancel your booking. In this case we will attempt to find you alternative accommodation on the same complex (if agreeable with the renter), or, without liability, refund all monies paid to us. The Owner cannot guarantee that all the facilities described on the website and/or brochure will be available.

In these circumstances I don't think anyone would have a case to go to the small claims court. I suspect most owners have something similar to the above in theit T&C's.

[rainyday]

This isn't a 'catch-all, do what I like and there's nothing you can do about it' clause. The clause is only a let-off if the circumstances are beyond the owners control - there are lots of circumstances where an owner could let down a renter in circumstances within his control. So, for example, if the owner decided to let to his brother instead of someone with whom he had a contract, I don't think this clause would be of much use to the owner.

However, and I'm not an expert, but I think the small claims court can only be used to sue/claim from a business (as opposed to a private individual) - I'm not sure if letting your holiday home would be considered a business.

[CarolAnn]

What are the details? Has this happened to someone? What were the circumstances? I would be interested in the details, and any replies.

[george]

Blott
You must have been on all day to see that someone has asked 3 times about the same subject. Take a break and go down the corner shop! We luv you but there is a limit to your dedication[msnwink][msnsmile2][msnsmile2]

[chrisj]

You can take people to the small claims court, and would have thought letting out your property
would constitute running a business, well that is if you declare it and pay taxes etc

PS: Blott when your at the shops can you get me a mars bar please

[floridadreamvilla.co.uk]

Chris is right - you can take people to the small claims court.

Just to turn this one on it's head, it also provides a machanism for private villa owners to take guests who abuse their homes to the small claims court. Like anything in life these things work both ways and are the absolute last resort.

For every 1000 people staying in a privately owned villa there will be an absolute minority that are unhappy and of them it is highly unlikely any will even have to think about the small claims court, let alone use one.

<blockquote id="quote" class="ffs">quote:Originally posted by chrisj
You can take people to the small claims court, and would have thought letting out your property
would constitute running a business, well that is if you declare it and pay taxes etc

PS: Blott when your at the shops can you get me a mars bar please
[/quote]