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Hotel Damage by tenant Dispute

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  • Hotel Damage by tenant Dispute

    Hi There.... In February 2016 I booked and paid for a Bed and Breakfast family room for one of my tenants for 3 days as I was fitting a new bathroom suite to her home. She went along and on the 3rd night her boyfriend turned up the the B&B. The pair of them argued and the boyfriend caused some damage to the room. The B&B owner called the police and the boyfriend was arrested, cautioned and released the following morning. My tenant left the B&B that evening and came back to the house she rents from me. On the sunday morning I received a phone call from the B&B to tell me what had happened and the gentleman owner told me they had debited my bank account with the sum of £2000 for the damaged caused. They had written down my card details when I paid for the room for my tenant and then without my knowledge or agreement debited my account using their card machine. On the monday I went to the bank to stop the payment only to find our that they had also tried to debit my account with a further £1250 which had not been authorised as I didnt have enough money in my account. Since then my bank HSBC have been handling my dispute and as far as I can gather the money has been returned to HSBC and the matter has been closed by them. This afternoon I have had an email from the B&B telling me that unless I pay them the £2000 they are going to take me to a small claims court. The booking confirmation they sent me when I booked the room for my tenant had no terms and conditions other than a cancellation policy. Can I ask where I stand legally here when all I did was book the room and pay for it as my tenant didnt have the money to pay for the room or credit on her phone to book the room. Thank you Debbie

  • #2
    Re: Hotel Damage by tenant Dispute

    To me is sounds as if they should be going after the boyfriend but other than that logic I have no idea I would hope someone who is more clued up will come along and help you
    When you have nothing you have nothing to lose

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    • #3
      Re: Hotel Damage by tenant Dispute

      Was the boyfriend invited or just entered into premises? seems he caused criminal damage and the police should of been informed and action to recover cost from the boyfriend taken? surely?
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      • #4
        Re: Hotel Damage by tenant Dispute

        My tenant invited him into the room and this is where the argument occurred. The boyfriend was arrested and taken to the police station where he spent the night. The B&B don't dispute that he caused the damage but they want me to pay for the damage as I booked the room on my card (only I hasten to add because my tenant doesn't have a card) I would also appreciate knowing the law relating to people keeping card details on pieces of paper as I understand that you're not allowed to write peoples card details down. I thought you had to use the card machine to input the numbers so they are kept safe.

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        • #5
          Re: Hotel Damage by tenant Dispute

          firstly if they debited £2K from your card without authorisation, I would say that was fraud did you report them to the police?
          If HSBC let them take the money without the authorisation, they need to take a look at their systems, malpractice springs to mind and they should have got that money back into your account right away because it was unauthorised by you.
          They need to either claim on their insurance for the damage or pursue the boyfriend for criminal damage.
          As for taking you to the small claims, if they want to waste money, tell em to go ahead.
          Did you sign anything in their t&c's to say that you would make good damage, you should read these carefully and make sure nothing is in there.
          Did you explain why you were paying for your tenant to stay there?
          Few things to look at but common sense should prevail but they CANNOT take unauthorised payments out of your card, that probably breaks the t&cs of their machine, you might want to point this out.

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          • #6
            Re: Hotel Damage by tenant Dispute

            Hi.....They used my card details they had written down and took the £2k before calling me on the sunday morning after the event of the sat evening. I actually only had £800 in my account at the time but HSBC honoured the transaction. When I went into the bank on the monday morning the cashier told me that they had also tried to get a further £1250 from my card but that was declined as I didnt have enough money. HSBC gave me my money back immediately and then contacted their card machine provider to reclaim the money. The B&B ignored 2 requests to supply information to HSBC and I understand it if they don't respond HSBC are then within their rights to re-debit their worldpay account to retrieve their money which is what they did. All I received from booking the room was a booking confirmation which just confirmed the booking and their cancellation policy, nothing else. I signed nothing. Yes I explained before I booked the room that it was not for me but for my tenant.

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