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-   -   Help! Holiday letting problem... (https://www.fodors.com/community/europe/help-holiday-letting-problem-816526/)

PPcub Dec 3rd, 2009 10:43 AM

Help! Holiday letting problem...
 
In July I reserved a flat in London for a 3-week visit that begins in a couple of weeks... through a letting agency that I've used for several years now. A month or so ago, I sent in full payment. Today, I received an apologetic e-mail informing me that there would be work going on in the building--scaffolding, painting, roof work and that the agency would attempt to negotiate a discount (unspecified) with the owner. No other option was mentioned.

I dread the possibility of noise and inconvenience for a trip that we've planned for so long--a retirement gift for my husband. I checked the booking contracts, and there is no mention, one way or the other, about such situations. The contract only identifies possible negligence on the part of the tenant.

Are we stuck with the situation, or do we have the right to request another property? The contract does not shed light at all. I plan to contact the agency and ask for another property or a refund, but wanted to check to see if anyone had any wisdom to share. Many thanks...

PP

Christina Dec 3rd, 2009 11:06 AM

I don't think legally you can do anything, but of course you can request another property, no harm in asking. The worst that can happen is they say no. I think the noise would have to be horrific to legally be able to sue saying that the apt. was uninhabitable or some substantial change in conditions. Of course, I don't even know the English legal system and know most folks wouldn't ever go to the trouble to do that. I do think some other agencies certainly would give you some discount to compensate or try to move you (if they could).

PPcub Dec 3rd, 2009 11:09 AM

Thank so much for the quick reply--you echo my thoughts...I'll see if they can move us...

flanneruk Dec 3rd, 2009 11:46 AM

"you can request another property"

You really ought to think hard about the wisdom of that.

All you've described is DEFINITELY going to happen is "scaffolding, painting, roof work". From which - bluntly, on the basis of no evidence whatsoever - you've jumped to "the possibility of noise and inconvenience "

Painters don't make a noise. Roof work in a four-storey building offers no inconvenience if you're on the ground floor. Scaffolding is near-ubiquitous in a living city.

But you're seriously going to risk being moved into wherever's free after all the effort put into finding somewhere that really suits? All because of a couple of cheery painters?

On the information so far given, you're over-reacting to the point of downright parody of the most absurd American tourist.

The reality, it's true, might be worse than you've described. It also might be so trivial (we all have painters in the building from time to time. None of us are daft enough to go and live in a slum to avoid them) you'll be embarrassed to admit later you posted this question.

So before doing anything, get further and better particulars. But if they're offering you money off because of a scaffold, I'd grab the offer now before they come to their senses.

KayF Dec 3rd, 2009 11:51 AM

We had something similar happen a few years ago when renting an apartment in London. I had researched online until my eyes nearly fell out and booked months in advance but 3 weeks before we were due to arrive the agency told us there was a problem and offered us another apartment. I felt I had no choice and accepted but wasn't very happy. We had been in the flat less than 24 hours and been on the phone to the agent about 3 times as things were not as promised. In the end, I think to keep us happy and off their backs, they moved us to a much better flat.

So I suppose what I'm saying is keep at them until you get something you are happy with. You would think they don't want unhappy customers who spread the (bad) word on Fodors!

Good luck
Kay

daveesl Dec 3rd, 2009 11:59 AM

I am sure glad that Brits are such wonderful, charming and downright gleeful tourists. I live near Orlando and I for one can tell you that some of your kind act like we are still a colony and should bow when you pass us by.

Gosh, in fact, those "Absurd Brits" that live 2 houses down from me have done nothing more than complain for the better part of 3 years. Our lake isn't as big as they thought it would be, the old house they bought needed a lot more repairs than they thought, our little town isn't like London.

amwosu Dec 3rd, 2009 12:03 PM

Ugh! I'm a fan of apartment/flat/condo rentals but this is definitely one of the cons for rentals. I've not had the problem but I suggest that you be specific in your request rather than let them come up with a solution which is more likely to favor them rather than you. Since they have your money you are clearly at a disadvantage but I would not let the agency feel you are at their mercy.

The good news is that the company has enough integrity to send you the news prior to your travels rather than let you arrive to find a mess. Hopefully that is an indication that they want you to be a happy customer. The bad news may be that they let you pay in full knowing that there would be repairs during your stay.

An "attempt" to negotiate an unspecified discount from the owner would not suit me and I wouldn't hold my breath waiting for that to happen. Agencies typically get a 20-40% cut of each rental so I would not accept an arguement from the agency that the owner will not accept a reduction. The agency should make the attempt to keep your business, not the owner.

Decide what it will take for you to be happy and let the agency know.

I would thank the company for the advanced notification and very nicely remind the agency that you are a repeat customer who has been happy with their services in the past. In order for you to continue to be a satisfied customer you would like for them to ...

One option is to request that they send you a list of available comparable flats to chose from. Another option is to ask for a specific discount on the reserved flat if you can live with the potential hassles of repairs to the building you are there.

I doubt that noisy repairs are scheduled to be done beyond business hours because permanent residents would likely not put up with that. Of course no one can say for sure if that is the case and since this is a special retirement gift you may not want the hassle of dealing with the situation for three full weeks. If you ARE amenable to staying in the reserved flat at a discounted rate and risk the potential hassle be specific in your requirements in order to stay there happily. I would ask for a 25% discount to be refunded prior to your stay (or whatever reduction you can live with IF you can live with staying there at all) in order to stay in the reserved flat.

I may be completely wrong but I doubt that the owner of the flat you've reserved has been paid yet so it isn't likely the agency will have to try to have the owners reimburse you. Even if the agency has already paid the owners their cut the agency should be the one to offer the discount to keep your business regardless of whether or not the owners agree to a reduction.

I own a US condo that I rent out through an agency and I don't get paid until guests arrive although the agency has been paid in advance. As an owner I like to keep guests happy because I depend on repeat visitors.

I know that less than honest agencies and owners are likely to blame one another for not giving you options that you can live with. I hope that is not the case for your trip.

markrosy Dec 3rd, 2009 12:58 PM

What's the name of the agent?

annhig Dec 3rd, 2009 01:14 PM

as the contract makes no mention of the problem that has arisen, you would have to persuade a court that there was an implied term that no noisy or bothersome works were going to be going on during your let, which had been breached, in order to get damages for breach of contract.

trouble is, this is a holiday, not a oportunity to explore the intricacies of the english Legal System. they are clearly alive to the problem and are trying to mitigate their and your loss. I suggest that you write to them in the terms of your original post - this is a special holiday, you don't want it spoiled, and what alternatives can they offer you now, or if you do take up the let, what they wil do if you are unsatisifed once you get here?

say that if they can't promise you that if it's unacceptable, they'll move you, then you want a refund.

regards, ann

tipsygus Dec 3rd, 2009 01:39 PM

Could I add that as the hours of daylight at this time of year are so limited, you cannot paint or do roof repairs in the dark, the inconvenience would almost certainly be minimal. Most and I emphasis most work is done between the hours of 8am and in December 3:30 to 4pm. Any scaffolding would has already been mentioned have to take into account not only passers by on the pavement but privacy for the inhabitants of the accommodation, visitors or regulars. If you like tha apartment stick with it and take any refund you offered as a bonus.

soogies Dec 3rd, 2009 01:48 PM

We've rented lots of apartments and have come upon some sort of painting, repairs, etc a few times - without having any notice sent. So I 5think your agency did you a service. Its probably not going to be bad - you'll be too busy sightseeing during their work hours. I doubt it'll impact you much. I would see what discount they are offering. If it was me, and I liked the location and the apartment, I'd stick with it. (And I'm really really picky about noise and inconvenience).

All the work action will probably happen without you knowing it. You might ask what time in the morning they will start working which could be a problem if it's too early. However, you might not mind the early rising if you're going out and about.

PPcub Dec 3rd, 2009 03:43 PM

Many thanks to all for your very helpful replies. I have recovered from the initial "Oh my God...WHAT!!!" with your kind and patient guidance. We'll go ahead and stay with the flat, given the agency's excellent track record and the reasoning that you all have given in the above comments. (I had to laugh at myself when tipsygus reminded me about the darkness at4:00 p.m. Of course...And how many times have I walked under scaffolding in London without even noticing it...)

Thank you again.

amwosu Dec 3rd, 2009 04:09 PM

Ahhhh, glad you're past the freaking out period. We're gonna want to know how your retirement vacation goes!!!

soogies Dec 3rd, 2009 04:44 PM

PPcub - this trip means so much to you, naturally your first reaction is to meltdown! I am glad you've resolved some issues in your mind. Now, relax and have a FAB time!

What I always keep in mind when things on vacation don't work out according to plan is this: "Well, at least I'm in Europe while this is happening!"


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