Feeling Low - Advice please?

[Badger]

I really hope it all comes right for you - I can't help thinking though that whatever trauma the lady is having at the moment, she knows deep down that she owes you money and is relying on your sympathy to what may or may not be a genuine reason for cancellation.
Sorry I have my cynical head on today after being really messed about by a supposedly single mum who was desperate to book a weeks holiday for her and her daughter - I originally agreed to wait a week for deposit, then when it was due she emailed to ask if it was possible for 2 friends to join them as well (Er no, the studio is for 2) No probs she said, deposit was in the post. Polite email from me a few days later asking if single bed was ok for child as I didnt have a cot and I hadnt yet received deposit -reply was sorry, deposit on way, child would sleep in single bed, quickly followed by 2nd email, could childs father come on holiday with them, child would share her (mothers) bed! Oh and deposit was in the post,she had just been waiting to see if father could join them before sending it. All this was over a period of 4 weeks,so I have now cancelled it, I sensed from the start things were a bit odd but she had supposedly already booked the flights so I gave her benefit of the doubt. Grrrr

[cromercrabholiday]

I sensed from the start things were a bit odd but she had supposedly already booked the flights so I gave her benefit of the doubt. Grrrr

You usually get the vibes early on when you are going to be mucked about, but how can you get rid of them at that point?.

John

[Clexane]

Stu and Syb,

We collect our final payment six weeks before arrival which solves the immediate dilemma. Though I must say that if we had a guest who was cancelling for a genuine reason we would be inclined to come to some comprimise if they didn't have travel insurance (if they do then its simple). I would probably try to settle for a 50/50 if we couldn't re-rent the Villa in time. If we could re-rent we would give a full refund.

Given that you don't have their money I think you are stuck with only the deposit unless they are raesonable and accept a compromise- chasing the rest is probably not worth the aggrevation for both parties.

[Normandy Cow]

if we had a guest who was cancelling for a genuine reason

If they are cancelling for a genuine reason then they would be able to claim on their insurance. And if they don't have insurance, do they have a "genuine reason" for not having it???

Probably that genuine reason is that they didn't bother with the additional expense - so why should you be out of pocket???

I'm sorry, but after 3 years in this business I am finally getting tougher. I am still an owner who cares and I will go out of my way to make sure my guests are happy but they have to help me too! And yes, absolutely I would still try to relet the house and if successful then I would give them a refund, because even after all I have said above, I still consider myself to be a "nice person". But if I couldn't relet then I'm sorry, they took the risk and on this occasion they lost. End of.

[cromercrabholiday]

I'm sorry, but after 3 years in this business I am finally getting tougher. I am still an owner who cares and I will go out of my way to make sure my guests are happy but they have to help me too! And yes, absolutely I would still try to relet the house and if successful then I would give them a refund, because even after all I have said above, I still consider myself to be a "nice person". But if I couldn't relet then I'm sorry, they took the risk and on this occasion they lost. End of.

Couldn't agree more - ask yourself, would Inghams, Thomas Cook etc compromise? As Catherine says, we can still go the extra mile to try to mitigate the loss and pass that back to our customers (which big companies wouldn't). But why should be be out of pocket, when they don't have insurance or are cancelling for a reason not covered by insurance?

John

John

[ashtondav]

Sad, but like others say its very important to get full payment at least 8 weeks before travel. Leaving it to a few days is not good news - cheques can take 3 or more weeks to bounce, even after appearing as a credit in your account.

[Stu]

The lady called today to apologise for not getting back to me sooner and asked if a sterling cheque as full payment would be ok. She said that she understood fully our predicament and has obtained an insurance claim form. She'll be sending a cheque in the post tomorrow. She also said that she'd like to re-book sometime later this year, so we've offered a small discount for her as she's been a thoroughly good sport over all this. So, all's well that ends well. Thanks all for your advice & support. Much appreciated by the boss & I!

[Normandy Cow]

Phew! That's a relief! Glad it all worked out OK in the end...

(But it was a useful exercise to get us all discussing the merits of advance payment!)

[enid]

Hurrah for you and her!

[ces]

I have a lovely cottage in the Dales but for the past two years have had to deal with a neighbour who is renovating the attached cottage. We share a side access (he owns it and has chosen for the past 3 years to use it as a building yard together with his part of the shared yard. I have a small patio area at the back that looks out onto this - he has no outside space except the access which I think is a bone of contention and why he chooses to use the access space. He never actually prevents you walking through but wheelchair access would be impossible. He also parks his large white transit van right in front of our front door. I think to have had relatively few complaints so far is a miracle but I have reached the end of my tether. He is in no hurray and our business is of no interest to him. The latest customer who complained - commented on how comfortable the cottage was but mentioned and took photos of the building site. After more than 2 years I just do not know what to do - the agent we use now is definitely reducing our bookings and our business is suffering. Is there anything legal we can do as this man has no concern for us or our business. I am thinking of selling but I do wonder whether I would get the fair price given the situation. Any advice?

[A-two]

I have a lovely cottage in the Dales but...

This is a legal issue.

If his behavior is adversely impacting the value of your property, whether the rental income and/ or resale value, then you need to know whether or not he has the legal right to do what he is doing. Typically, an owner who maintains an easement or right of way for others who have shared access is not allowed to use that space for any other purpose. So if he is using it as storage for building materials or as a dumping ground, it sounds like you could stop him fairly easily.

I suggest you talk it over with a local solictor who is familiar with the area. If you don't have one already, look in yellow pages and pick three. Don't pick just any solictor, choose a firm that specializes in Real Estate and Landlord Tenant issues.

Call each of them and explain the problem to them briefly before making an appointment and incurring charges. Then pick the one that makes the most sense to you, and meet with them fully prepared. This means taking supporting documentation with you to the meeting, including your title deed with the covenants related to shared access, as well the photos sent to you by the person who complained and notes of any comments they have made to you. In the meantime and if you are not already doing so, start to monitor his useage closely by taking photos and keeping a diary.

However, bear in mind that while you can probably stop him using the shared access as a building yard, you cannot force him to complete his building works in your timescale. If he wants to take 20 years to complete his work, that's his prerogative. Therefore, you might also want to think about adding some privacy screening to help block the view of his property. Perhaps a 6ft fence with trellis above and some fast growing shrubs would help.

Good Luck!

Disclaimer: This is not legal advice and if it was, you would have been charged for it.

[Alan Knighting]

Ces,

Joanna is quite right; take legal advice! Your title deeds will contain the detail of the grant of access. If your solicitor has signed up to it, you should be able to take advantage of a half-hour free legal advice scheme.

What is important is not the ownership of the access. What is important is:-

What rights have been granted to you? They would normally be an unencumbered right of ingress and egress. Dumping, storage and parking by the owner would be an encumbrance – a breach of your rights.

What right have been retained by the adjoining owner? They would normally be the same, an unencumbered right of ingress and egress. Rights of dumping, storage and parking would not normally be retained by the owner.

Some of us have tenants from hell, some of us have neighbours from hell and some of us have both.

[ces]

[quote="Alan Knighting"]Ces,

Joanna is quite right; take legal advice!

Hi there

I have today spoken to a solicitor who specialises in these matters. She will give me a free first appointment. She needs me to collect evidence to show my bookings have gone down, any complaints I have received, pictures and also she will be checking the covernants on my property and his to check whether he can use the space for a business in this way and to check my rights of access etc. I have also sent a copy to the local mayor to try to get some local support. It is really depressing as I love the place. However, even if he sorted this out I do wonder whether I would really want to have him as my neighbour - perhaps the time to move on and look elsewhere.

ces

[Stu]

CES,

so sorry to hear of your troubles with your neighbour. I suppose it just makes us even more thankful that our nearest neighbours are well over a mile away in each direction!

Good luck!

[Alan Knighting]

Ces,

I'm sure you have done the right thing in trying to get the legal problem sorted out, for now and for the future.

However, even if he sorted this out I do wonder whether I would really want to have him as my neighbour - perhaps the time to move on and look elsewhere.

There is your long term problem. Rights may be clarified by legal action but strained personal relationships like these rarely, if ever, are. Sad though it may be it might be time for you to move on.

Alan