Cleaning company - an hours work constitutes an end of tenancy clean?

AIngs

New Member
Jun 12, 2012
2
0
0
Hi all,

So myself and my partner moved out of a 1 bed flat. We spent a furious 24 hours straight cleaning the property before we moved - and it was in a great condition.

However, after the standard check out inspection, my letting agent advised me that although the cleaning was to an extremely high standard, there were little points not quite up to standard. I offered to put those things right - they advised me that they would require a receipt from a professional cleaning company regardless.

Since it was part of the contract, I honoured it and employed the services of a cleaning company. I sent this company a copy of our check out report, highlighting the areas which needed attention, also reiterating the points in my email, although being very careful to point out that a full end of tenancy clean was required. And so the company quoted me for a full end of tenancy clean.

Since we had at this point been out of the property for two days, the company agreed that they would collect the keys at 9am from our letting agent (very near to the property). The lady from the company said that the cleaning would be finished by 12 noon, and that she would call me 15 minutes before so I could meet them at the property, inspect the work carried out, and make payment.

However, I received a text message at 10.20am telling me that the cleaners had finished! I thought it a little odd that they could have finished in a maximum of an hour and twenty minutes, but guessed that if they had brought the property up to standard, then it was fine. However, since they were much earlier in calling me, I didn't make it to the property until around 11am - by which time the cleaners had left and dropped the keys off with the letting agents.

I did not have the opportunity to inspect the work carried out. I called the cleaning company and made payment with a debit card - since I trusted they had carried out the work.

However, the next day, my letting agent informed me that another check out inspection had taken place, and that to the same check out clerk, it seemed that no further work had been carried out, with the exception of a wipe down of the inside of a bathroom cabinet.

I called the cleaning company who said that they were able to visit the property a second time to put right what they had missed. I let my letting agent know this, but they told me a new tenant was moving in, and that a second visit would not be possible.

So I demanded a full refund from the cleaning company. I asked why they had spent only an hour and twenty minutes maximum on a full end of tenancy clean. I asked them why they didn't give me the opportunity to inspect the work. I told them that despite not being able to visit the property a second time, if they had spent longer on the initial clean, this situation wouldn't have arisen.

The cost of this company to carry out the 'full end of tenancy clean' (for which I have an invoice, which states the job to be as such), was £108 inc. VAT. Not a massive sum, but then again my letting agent may ask me to cover the cost of further cleaning. I also need the money - I am freelance, work is a little dry, and I am supporting my girlfriend who is studying. And besides any of this is the principle - the company have been dishonest, didn't carry out the work they were asked to and were paid to.

I have spent a long time calling this company to talk with them - they never call me. Eventually they made an offer - they would clean the carpets at my old property, for the new tenant, for free. Firstly, the property has no carpets. Secondly, the new tenant has likely cleaned herself, had a cleaning company in, or will not be willing to allow a company who have already let her (and myself) down. So this, for me of course wasn't a reasonable suggestion.

I informed the company that I had a log of emails and phone calls, and a weight of evidence behind me to prove that they are in the wrong. I contacted my local MP, whom I am waiting to hear back from. I have told them I am willing to take them to small claims court if necessary.

The company have offered me a 30% refund. I'm not sure that the company should receive 70% - or ANY of the money - because they willbe benefitting from poor service and poor customer service. And I am still left with two bills - one from them, and one from my letting agent.

Does anyone have any suggestions on what to do? Should I just accept the 30% refund and let it go? Should I wait to see whammy MPhas to offer (this could take a while)? Should I follow it upon small claims court? Is that a lengthy an expensive process for a small amount of money?

Any advice welcomed - I am fairly stressed with this, and even if I am told I am being unreasonable and that I should just drop it would be appreciated so I can just get on with my life.

Thanks.
 

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Hello,
Firstly - you aren't being unreasonable, you paid for a service which was either not completed or not started for that matter.
Under the Supply of Goods and Services Act, it states that all service work should be done to a satisfactory quality. Which it is not.
Furthermore, under the Law of Contract, the cleaning company has agreed to the contract with the terms (areas to clean etc) and have not fulfilled that contract.
I assume you have already paid? As you said about the 30% refund offer...
I would suggest informing the cleaning company of your rights, and have the refund you are entitled to. This is an arguable amount obviously, however I would suggest that the cleaning company refunds you maybe 90%, and agree for them to pay for any costs which come later due to their breach of contract.
As they are offering you these refunds and free cleans, this suggests that they know they are in the wrong, and are hoping to get away lightly.

As for small claims court - the cost would be approx £25, however this can be part of your claim, meaning that the costs are carried by the cleaning company. Very easy process, could potentially be awarded before a hearing if the cleaners agree, if you do get a hearing, it shouldn't be too much of a long day. You can begin a claim online, or do it the old fashion way with a bit of ink.
Its best though to inform the cleaners of your plan of action before beginning, as failure to provide them a reasonable chance to settle out of court could go against you, or your case could even be rejected.

- sorry for the lack of detail, I'm on iPhone, hard to type :)
Let us know if you need some more help, I'm sure someone with desktop access can c&p you some ACTUAL legal definitions etc.

Adam
 

AIngs

New Member
Jun 12, 2012
2
0
0
Hi Adam,

Thanks for your reply - very informative. I hadn't properly looked into the cost of taking the claim to court, but around £25 seems worth it (I understand the figure you give is approximate).

I agree completely - offering a 30% refund or free cleaning tells me that they accept that they have done wrong - and that they know that there is evidence stacked against them - otherwise, if they truly believed they were in the right they would offer me nothing.

I think my next step is to email them one last time in reply to their 30% offer - I have drafted a reply which basically says that all evidence I have provided cannot be disputed - they didn't spend enough time on the cleaning to begin with, they didn't clean to a satisfactory quality in the first instance, and I have an email trail and phone call log to prove all of this.

In my draft (written before I read your reply, Adam), I suggest that if the offer had been a 70% refund, I may have accepted this to have it over and done with. And so I ask them - are they willing to put through a 70% refund today? Otherwise, I will take it to court with the backing of my local MP (who hasn't said she'll back me yet, still waiting for a reply, but I'm confident she would!)...

I was about to roll over and give up, but your reply has made me even more determined to fight this company. I have experienced bad service so much recently, and I'm not willing to let yet another company steal from me or others.

I'll let you know their reply!
 

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Hi again,
Yes I think it is around £25, I was going to use the SCC a couple of months ago for a claim of £120 (minus court fees), and I think it was £25, but I can't quite remember as the company backed out of the argument when I told them my claim was ready.

All info on the SCC can be found on direct.gov - Money: Making an online court claim for money - Directgov Mobile .
I personally wouldn't let £50 disappear for no reason, let alone the £108+ vat.

I think 70% is fair, however, do you believe that they have done 30% of the work agreed to? Saying that. 70% + court fees + expenses occured up to £50, doesn't seem too bad.

My ultimate advice would be to send a letter, recorded delivery, with your complaint, giving them 14 days to settle it, stating that after 14 days you'll be taking legal action.
Keep a copy of the letter too, so it can be used as evidence.

If you need any assistance with the letter, let me know,
Adam
 
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MajorLi

New Member
Dec 23, 2021
15
0
1
Hello, I think every housewife asked herself the question "how to keep a clean house?" that it would take as little time as possible, and not waste your energy. I found the answer to that, and it is a steam cleaner. Cleaning equipment must be quality and durable, otherwise it will not hold up. Frequent replacement of cheap equipment that breaks down after a few months of use can lead to significant costs in excess of the cost of really reliable equipment. All you need for a steam generator to work is water. I think it's a great investment.