Legal Questions

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I recently had a couple of people stay at my B&B, they booked in advance, arrived, settled in, had tea and coffee and biscuits in the room, lay on the bed and creased the sheets etc, used the bathroom and then decided they would leave as their bathroom didn't have a bath, just a shower. They offered me £5 instead of the full price of £65 and left refusing to pay anymore and saying they didn't have to by law. Where do I stand legally?

You have the right to insist on payment for the room in full because a contract was created, provided that the guest cannot prove:1. breach or misrepresentation (e.g. you promised there would be a bath);2. conditionality (e.g. the booking was

Answered by our Expert: Andy Smith - Kitsons LLP

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

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

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

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

Answered by our Expert: Helen Headech - Tozers LLP

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

Answered by our Expert: The Michelmores Leisure Team

As an owner of a single self-catering cottage in Cornwall I am being harassed by the Performing Rights Society who claim that I need a license as "rented accommodation" falls within their remit, which sound ludicrous to me. Can you help?

Published: March 2009 This is a topical question - at the time of writing YouTube's dispute with the PRS is barely out of the headlines and in the past 12 months MySpace, Pandora and Imeem are all reported to have had issues with

Answered by our Expert: Rehman Noormohamed - Michelmores LLP

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