Ask the Expert

I have a holiday home in Cornwall, which our family uses about four times a year, for the remainder of the year I try to let it out to tourists. My landlord supplies me (and others in the resort) with electricity at a very high rate and refuses to negotiate. Have we any recourse in law as he claims we are running a business and business/business supplies are exempt from Ofgem regulstions.

Published December 2009 The Ofgem regulations control the maximum resale price that anyone can charge when reselling gas and electricity. That price must be the same as the price charged by the utility company.The regulations apply only in cases of domestic supply i.e. a landlord reselling electricity to a tenant and does also include gas and electricity resold for use in holiday accommodation.Whether the regulations apply in this particular case depends upon whether the holiday home owner derives an income from the holiday accommodation, if that is the case it ...more

Answered by our Expert: Melanie Burton, Legal Executive, Tozers LLP

Do my insurers require me to carry out a fire risk assessment?

Published October 2009 Your insurance policy is unlikely to make it a specific requirement to carry out a fire risk assessment. However, there will most likely be a general policy condition that states something along the following:-‘You will comply with all legal requirements and safety regulations and conduct the business in a lawful manner'Therefore, as a fire risk assessment is a legal fire safety regulation you must carry this out in order not to be in breach of the insurance policy condition.The document below is a very helpful government step by step publication on ...more

Answered by our Expert: Melanie Birchell - Pavey Group

Am I legally responsible for my guests’ property whilst they are staying at my accommodation?

Published: September 2009 The proprietor of a Hotel or other holiday accommodation has a duty to take reasonable care of the property of its guests. If the property is lost or damaged through the default, neglect or wilful act of the proprietor or someone working for him, i.e. a theft of a guest's property through inadequate security of a bedroom, the proprietor could be held to be liable. In such circumstances, the Public Liability section of the proprietor's business insurance policy would provide protection.Additionally, cover under a Hotel Insurance package or similar business ...more

Answered by our Expert: Melanie Birchell - Pavey Group

I had a couple guests stay a few weeks ago for 2 nights and paid a deposit before arriving, which was for the the first nights stay (by credit/debit card) they left without paying for the final night. I have sent them reminders via post to their address but with no reply. I hold card details from which they paid a deposit. Would i be breaking the law by taking what is owed ??

Published: July 2009 You are entitled to debit a guest's credit or debit card for the amount of the stay where your agreement with them expressly sets this out.  If you do not have booking terms to this effect then you are not legally entitled to take the payment.  It is likely that the credit card company would automatically reverse the transaction upon receiving a complaint from your guest.  They would then require you to prove your booking terms allow you to debt the card.If you do not have a term allowing you ...more

Answered by our Expert: Martin Laver - Tozers LLP

We have a medium sized Hotel which has fantastic panoramic sea views. Our business and advertising is based on our brilliant location. We have received a notice of planning application from the owners of the building which lies partly in front of us, to demolish the existing flats and re-build more larger flats that will significantly encroach on the stunning views from many of our rooms. We appreciate that sea views are not a right, but our business will be affected considerably. Can you advise?

Published: May 2009 Do we have a right to a view?When a planning application is submitted to the Council everyone has an opportunity to comment on the proposal, you can do this by letter or via the councils planning website.Planning law does not exist to protect private property rights. The decision makers will be looking at whether the proposal will have an unacceptably effect on the amenities and the existing use of land and buildings which ought to be protected in the public interest.If the proposal will have a detrimental affect on your ...more

Answered by our Expert: Helen Headech - Tozers LLP

What is S.W.Tourism's view on the recent budget re the removal of FHL Tax relief / Capital Gains Tax / Inheritance Tax implications for self catering proprietors. It seems the present Government does not consider us a business and are bracketing all self catering accommodation with second home owners. We have two detached self catering cottages that cannot be sold seperately from our house and can only be occupied as holiday lets not exceeding 28 days by the same person. It is very definitely a business that we work hard at all year and in our opinion the budget can only have a detrimental effect on visitor choice and accommodation standard. Views please.

The proposed changes to FHL Tax relief / Capital Gains Tax / Inheritance Tax for Self Catering properties is a great concern for all owners of these businesses.The national body for Self Caterers, EASCO, (the English Association of Self Catering Operators),  is currently part of a co-ordinated response along with the Welsh and Scottish Self catering associations to try first to fully interpret the impacts of the changes and to communicate this, and then to directly lobby Government on this issue.Under ...more

Answered by our Expert: Alistair Handyside - Chairman of South West Tourism's Board of Directors and owner / operator of a self-catering operation

Like most self-catering cottage providers, we include in our terms and conditions of rental a clause stating that the hirer is responsible for all loss / damage caused by their party during their stay. A guest has recently questioned the extent of this liability, if for example they managed to set fire to the cottage! My understanding is that :(1) having signed our terms and conditions, they would be liable for the full cost of replacement / repair if they were indeed responsible for causing the damage, and (2) the "public liability" element of traditional travel insurance would adequately cover any such damage, subject to policy limits / excess.Is my understanding correct ? If so, what would be the difference if the guest was staying in a hotel and accidentally started a fire resulting in substantial damage / repair costs ?

As a matter of pure contract your guests having signed the terms and conditions may well be liable for the full cost of repair or replacement so long as the terms of the contract overall are considered to be fair. However, you cannot always rely on being able to successfully recover such sums from your guests and from a commercial perspective we would strongly advise that you do not rely on your guest to have adequate insurance cover. You should ensure at the very least that you have your own insurance cover ...more

Answered by our Expert: The Michelmores Leisure Team

How will tourism businesses in the South West benefit from the London 2012 Olympic and Paralympic Games?

Published: May 2009 The London 2012 Olympic and Paralympic Games will present many potential opportunities for the whole of the region, such as:JournalistsIn 2011 and 2012 there will be thousands of journalists keen to write, record and film interesting stories.  We can work together to attract as many as possible into the South West and get the coverage that will help drive visitors to our region in 2012, and the years that follow.The Cultural OlympiadThere will be a year of festivals and events across the region to celebrate 2012 and this will give us all a ...more

Answered by our Expert: Malcolm Bell - Director of South West Tourism

As a completely sustainable tourism enterprise in Cornwall, please can you tell me what I can do to market my businesses?

Published: May 2009 Thank you for letting us know about your commitment to being sustainable. Many tourism businesses are taking a similar approach but its a common problem knowing how best to communicate this to your customers. Of course, no-one wants to preach so it's all about finding positive ways of communicating what you are doing (and even persuading people to join in with your efforts).  There are a number of ways you can do this. Grading schemes and annual awards are great because they provide an assurance to the customer that your credentials have been rated by someone ...more

Answered by our Expert: The Sustainability Team - South West Tourism

After last summer’s poor weather and with the current economic turbulence do you have any forecasts on the public's intentions in terms of holiday plans in 2009?

Published: March 2009 There are reasons for us to be optimistic in regards to the public's holiday intentions in 2009. The current strength of the EURO and the US Dollar makes it a lot more expensive for Brits to holiday in the USA and Europe. Non Euro-zone destinations are very attractive for British holidaymakers but are oversubscribed and there will be very few bargains to be had in these areas in 2009. A weak pound also makes it far more attractive for overseas visitors to come to the UK and the South West.Research ...more

Answered by our Expert: Malcolm Bell - Director of South West Tourism