Can I refuse to pay invoice when they fail to provide evidences job is done?

John_John

Hi all there,

I rent OUT a house via an agency. I' m the landlord. I have no agrreement signed with them, not for my choice.
The agency claims to have hired a cleaning company to professionally clean it. This also includes professionally cleaning the oven.

they wanted to deduct directly these costs from my rental account but I obviously asked for evidences that 1) the house/oven have been cleaned for real 2) by a professional cleaning company as we agreed upon. And i know this is in my rights to do it.

But they failed to produce any evidence and also did not ask for payments any longer.

After 1 years,I receive out of the blue an invoice (of the agency, not a cleaning company!) which claims the costs of cleaning the house and the oven one year before.

I obviously reminded them that I wanted to see evidences that they had hired a cleaning company but the invoice is still open.

My questions are:
1) may I kegally refuse to pay this invoice till they provide ne evidences that the cleaning has been really done and by a cleaning company (and not by themselves in their free time)?

2) Is an estate agent allowed by the law to invoice for cleaning when it's not their business and they are not equipped to do so.(professionally cleaning)?
I mean generally speaking, can any business invoice for any goods/services they wish? Please note that in the invoice no third party is mentioned: it looks a service offered by themselves even if they keep promising they did hire someone.

Thanks,
John
PS I live very far away and I cannot chack things myself, unfortunately

CalumHeath

Do you own the house and rent it out to others, or do you rent the house FROM others? Are you the landlord or the tenant?

Either way, it depends if you've agreed to pay such costs in the applicable paperwork - the tenancy agreement or your letting agreement with the agent.

G_M

John_John wrote: »

Hi all there,

I rent a house via an agency.
So you are a tenant?

The agency claims to have hired a cleaning company to professionally clean it. This also includes professionally cleaning the oven.
Has your tenancy ended? Is this a claim against your deposit?
Was there a check-in inventory and what did it say about the condition of the property/oven at the start?
What condiion was it in at the end of the tenancy?

they wanted to deduct directly these costs from my rental account but I obviously asked for evidences that 1) the house/oven have been cleaned for real 2) by a professional cleaning company as we agreed upon. And i know this is in my rights to do it.
'deduct from rental acount'? Are you still living there? Why is the cleaning being done during your tenancy? Did you let the cleaners in? Why?

But they failed to produce any evidence and also did not ask for payments any longer.
I'm beginning to think you are a landlord. Are you? It would really help to know!

After 1 years,I receive out of the blue an invoice (of the agency, not a cleaning company!) which claims the costs of cleaning the house and the oven one year before.
Ah! Yes - you're a landlord.
So what does your contract with the agency say? I can't read it from here!

I obviously reminded them that I wanted to see evidences that they had hired a cleaning company but the invoice is still open.
Fair enough.

My questions are:
1) may I kegally refuse to pay this invoice till they provide ne evidences that the cleaning has been really done and by a cleaning company (and not by themselves in their free time)?
Yes, subject to your contract. What does it say?

2) Is an estate agent allowed by the law to invoice for cleaning when it's not their business and they are not equipped to do so.(professionally cleaning)?
If you have contracted with them to clean, and they clean, they can invoice you.

What does your contract say?

I mean generally speaking, can any business invoice for any goods/services they wish?
Yes, if there is a contract for that service

Please note that in the invoice no third party is mentioned: it looks a service offered by themselves even if they keep promising they did hire someone.

Thanks,
John
PS I live very far away and I cannot chack things myself, unfortunately

Look at your contract.

And read:

* Letting agents: how should a landlord select or sack?

you might also need to read:

* New landlords: advice, information & links

stator

Does your tenancy agreement require you to pay for cleaning services hired by them?
If not, then why would you pay for it?

John_John

I rent a house via an agency.
So you are a tenant?
>>> no Im the landlord. Sorry for the confusion. I edited my post.

But they failed to produce any evidence and also did not ask for payments any longer.
I'm beginning to think you are a landlord. Are you? It would really help to know!
>>> yes i am sorry. :-)

After 1 years,I receive out of the blue an invoice (of the agency, not a cleaning company!) which claims the costs of cleaning the house and the oven one year before.
Ah! Yes - you're a landlord.
So what does your contract with the agency say? I can't read it from here!
>>> sadly no contract has even been signed with them. That's one of the reaosns of my disappointment.. Note i have changes some details here
However, I did agree with them by phone to have the house cleaned by a cleaning company.


My questions are:
1) may I kegally refuse to pay this invoice till they provide ne evidences that the cleaning has been really done and by a cleaning company (and not by themselves in their free time)?
Yes, subject to your contract. What does it say?

>> when there is no contract what is valid?

2) Is an estate agent allowed by the law to invoice for cleaning when it's not their business and they are not equipped to do so.(professionally cleaning)?
If you have contracted with them to clean, and they clean, they can invoice you.
>> I didn't

What does your contract say?
>> sadly none.

I mean generally speaking, can any business invoice for any goods/services they wish?
Yes, if there is a contract for that service
>> ok that I have none.

”Look at your contract.

New question: If there is no contract, can they claim that their own terms of service which I have never seen or signed are valid anyhow?

Thanks for your links.

John_John

stator wrote: »

Does your tenancy agreement require you to pay for cleaning services hired by them?
If not, then why would you pay for it?

Correct but it doesnt matter how much you are right, they are credit agencies which are quite agggressive: they don't care what's in a contract, they just ask you for money.,

marksoton

You have an agent managing a property for you and no contract? Wow...

chris_m

John_John wrote: »

However, I did agree with them by phone to have the house cleaned by a cleaning company.

If you have contracted with them to clean, and they clean, they can invoice you.

>> I didn't

Your above two responses are at odds with each other. Either you agreed that they should have the house cleaned or you didn't.
A contract doesn't "have" to be in writing.

G_M

sorry - any landlord who relies on a letting agent without having a contract with them, and without clearly specifying what he wants them to do is just asking for trouble.

and trouble is what you've got!

they are credit agencies which are quite agggressive: they don't care what's in a contract, they just ask you for money.,

Correct.
But at the end of the day, they have absolutely no power, without a court order to rely on.

If this went to court, the agent would say "We acted in good faith, relying on verbal instructions, to clean the property on behalf of this absentee landlord, thereby ensuring, in his best interests, that the property was in a fit state to attract new tenants.

The landlord expects us to manage his property for him, which is what we have done, but is now refusing to pay for our services."

I reckon you have..... say..... a 10% chance of winning this argument in court.

Of course, if you DO win, then you can claim your court costs as well, and use bailiffs to enforce the court judgement.

Ikamva

Are you expecting new tenants to move into a property which has not been cleaned after the previous tenants?

Does it matter who does the cleaning, as long as it is done to a good standard

Just pay up. If you should leave the agency, they will simply deduct it from your last payment

John_John

marksoton wrote: »

You have an agent managing a property for you and no contract? Wow...

Not for my will...I promise you. I dont give you all the details but they are obviously not my agency any longer.