Cleaning company taking me to court

Confused8

Hello all,

first post, apologies if it's not in the right place.

Just wanted to get some opinions on a matter that's getting me slightly worried.

I moved out of my flat recently, and in order to get my full deposit back, I wanted to have the place thoroughly cleaned.

I hired a cleaning company (recommended by the estate agent I went through to rent the property) who called me to arrange the clean.

They said I could have a fixed rate of £285 for the day or go for the hourly rate, expecting it to take around 6 hours. As you can imagine, I went for the hourly rate. It's £12.50 + VAT.

I have a written email from them stating that they would be there on the Saturday of my moving out, and the inventory inspection was that evening.

So basically, the cleaners never turned up! Tried calling several times, emails, nothing! No response.

I was pretty annoyed, but the inventory people understood and told me to just get it cleaned before the new tenants moved in.

The following week, I get an invoice from the cleaning company for £270! They tell me that they went the following day (Sunday) but used 2 cleaners who took 9 hours each.

I wrote back saying there was no way I was paying that as I was quoted 6 hours and they never mentioned anything about more than 1 cleaner (not to mention the fact they were booked for Saturday not Sunday).

They told me that they did show up on Saturday (which I know isn't true as I was in the property all day and the estate agents confirmed that they did not collect the keys so had no way of entering the property). They are claiming that the place was too dirty so the cleaner left to get backup for the Sunday.

Surely, this can't be acceptable as a. the contract was for the Saturday and b. any additional work must be confirmed with the customer first.

They are threatening court action if I don't pay the full amount by next week.

Any advice? (sorry for the long post)

InsideInsurance

1 person for 6 hours doesnt sound long enough to do a full post tenancy clean even if it was a tiny place. Are you certain they said it was only 1 person? How big was the place?

We just moved too and went for a fixed price job on our cleaners (£130) and for a 2 bed 2 bath place that I would like to say was fairly clean they sent 3 girls and it took them about 5 hours (no idea what breaks they had) which would be 15 hours in total but then had to go back and do another hour or so as the landlord wasnt happy with a few bits.

bod1467

So they are NOT taking you to court - they are THREATENING to take you to court. (Different things).

WRITE back to them to dispute their claim, that they did not appear on the Saturday at all (and you have evidence to prove this - you were there and the estate agent confirms no keys were requested for the Saturday), that there was no contract for the Sunday, that any contract (for the Saturday) was on the basis of one cleaner. You have no intention of paying their invoice as there was no contract.

If they wish to pursue the claim via the courts you will defend it fully.

That would be my suggestion - but only if you are prepared to follow through.

What was the general condition of the property? On what basis are you assuming it would take one person 6 hours?

Confused8

The place was a 3 bedroom, 1 kitchen, 1 bathroom property which was in relatively good condition, some things might have needed some extra attention) but I didn't dispute the 6 hours they said.

It could have taken longer, but for one person, not two. Two cleaners at 9 hours each is ridiculous.

I have written back to them as they sent over terms and conditions of their service, many of which they have broken.

Their terms and conditions state that they always provide a written estimate (they didn't), any any variation from this estimate must be agreed in writing with the customer within 7 days before completing the work (again, it wasn't).

I have offered the sum of £100 for their service as that is more than what the 6 hours would have originally cost.

Paully232000

Confused8 wrote: »

The place was a 3 bedroom, 1 kitchen, 1 bathroom property which was in relatively good condition, some things might have needed some extra attention) but I didn't dispute the 6 hours they said.

It could have taken longer, but for one person, not two. Two cleaners at 9 hours each is ridiculous.

I have written back to them as they sent over terms and conditions of their service, many of which they have broken.

Their terms and conditions state that they always provide a written estimate (they didn't), any any variation from this estimate must be agreed in writing with the customer within 7 days before completing the work (again, it wasn't).

I have offered the sum of £100 for their service as that is more than what the 6 hours would have originally cost.

I would wonder why you are offering them anything, let alone more than agreed, as you say they didn't even turn up at time of the contract/agreement?

Confused8

Paully232000 wrote: »

I would wonder why you are offering them anything, let alone more than agreed, as you say they didn't even turn up at time of the contract/agreement?

Yes that's a good point, I did this to try and remedy the court action plus they did clean the flat I guess...

paddyrg

£100 - fair offer from you. You should point out that it is a full and final settlement offer, and that they are welcome to take you to court for your vigorous defence if they reject it. Sounds like they'd be nuts to try it on.

Paully232000

Confused8 wrote: »

Yes that's a good point, I did this to try and remedy the court action plus they did clean the flat I guess...

Sorry I read it as though they didn't turn up on saturday as agreed and therefore didn't clean your flat at all on any day. Still wouldn't give the company more than was agreed at the 6 hours at agreed rate, given even states in their contract that they need to inform you if any changes to price/time etc

unholyangel

OP, this document may be of interest to you:
http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311.pdf


I'd say the sections that will probably be useful will be suppliers right to vary terms generally, right to change what is supplied, price variation clauses (if it was a quote you were given and not an estimate), binding consumers where the supplier defaults, allowing the supplier to impose unfair financial burdens and rights to determine how the supplier's own obligations are performed.

bris

You just assumed it would be one person when clearly from the price difference between the daily and hourly rate clearly indicates 2.

The day difference will make no difference in the event of the claim as this was just a minor alteration to the contract which had no significant impact on the service provided, this is allowed for in law.

The court will look at the work done and decide whether it's reasonable or not going by the industry standard.

Your £100 offer would not be considered fair but ultimately the reasonable person who will hear the case will decide.

pinkshoes

bris wrote: »

You just assumed it would be one person when clearly from the price difference between the daily and hourly rate clearly indicates 2.
.

Rubbish! An hourly rate is an hourly rate. If it was 2 people, then they would have quotex double the hourly rate!


OP, have you checked the work they have done? I'd pay the 6 hour rate as a full and final settlement based on the contract you agreed.