House rental / refund

[Guest]

So we agreed to let our French holiday home for 3 months at a fixed rate paid up front.
After just 10 days the tenants have left & are asking for full refund on remaining weeks of the term.
I have offered a third back but they're insisting on full refund minus the time they've spent there? Who is right here?
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[ostell]

Depends on the agreement but I would say that you are entitled to the full sum unless you can re-let and then claim for your additional costs

Was there any reason for the early leaving? Can they not claim from their holiday insurance?
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[amwilks]

Depends on the agreement but I would say that you are entitled to the full sum unless you can re-let and then claim for your additional costs

Was there any reason for the early leaving? Can they not claim from their holiday insurance?

Doubt they had insurance *a young couple who had secured a job 40mins away for the holiday season at a adventure holiday complex. Reason to leave was 1) house to cold for them 2) realised the workplace would mean a 90mins daily commute /300eur per month expenditure. Regarding 1) i did explain from the outset that the property was large ( 3 floors/ 3 beds) & only had a woodburner for heating . We wouldn't normally let until late March but they insisted they would be fine with it

[amwilks]

Additionally there was no signed agreement* ,* *simply our email outlining the costs for 3 months clearly stating to be paid prior to moving in . Then a reply email stating they were happy to go ahead at the terms offered*

[ostell]

I would say that you have no liability to repay them and you made a very generous offer to them of a third back.

Put it to them that you will attempt to relet and if you are successful you will consider a repayment less your costs.
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[amwilks]

Id like to have reached a solution by negotiation but they will only consider full refund minus time spent & are threatening legal action ( though i doubt they would get anywhere on that footing )**

[ostell]

And what on earth would they be claiming in court? They got it wrong and want someone else to pay for it.* Why should you lose because of their failure. Keep all the paperwork in a safe place and no phone calls.

You could formally make an offer of a refund if you re-let, minus costs.* If they did try the courts then it would show that you have been reasonable with them.

[amwilks]

Update as of 15mins ago


we have decided we will accept two thirds returned but no less

we look forward to this being resolved swiftly

*now i'm all for negotiation to reach a solution but laying it down matter of fact isn't melting my resolve at all .

[ostell]

Pushy lot they are, but I don't think you should even go there. If they try legal action to recover then I dont think they will succeed.

Make that offer of whatever you recover, less advertising costs, if you re-let.Head the letter "Without prejudice save as to costs".Possibly not quite the correct response at this time but they seem to think they know the law so this should just rattle their cage somewhat into believing you know more or have taken legal advice.

The last time I did this the person I was in dispute with buckled straight away.

If you do make that offer then you must make an attempt to get somebody else into the property, and document the fact

If my wife and I were in better health might just make you an offer.
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