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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48787
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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The cleaner came as normal and I paid her as normal. Later

Resolved Question:

The cleaner came as normal and I paid her as normal. Later that evening I noticed a dark stain on the oiled wood floor it looked like it had been made by a bottle. She denied it. I asked her not to come again by phone. She them sent me a text saying I owed her 4 notice according to her "expectations document". Alsi in the doc was a 4 week grace period.. We took two of these weeks over Xmas. So assuming I owe her 2 weeks pay £(60) she owes me for the damage to the floor ( excess is £100) how do I word this to her that Sovthst I'm not going to get sued for the sake of £60?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Please could you kindly provide me with the details of the agreement you had with your cleaner. Thank you.
Customer: replied 1 year ago.
For Ben Jones
Customer: replied 1 year ago.
Is that legible?
Expert:  Ben Jones replied 1 year ago.
Hi there. Thank you for your response and for sending me the attachment. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. The person will be entitled to the remainder of their notice period, which you say has two weeks remaining, totalling £60. However, at the same time they have caused damage to your property so there is the potential for a negligence claim there for damages caused by them. You cannot automatically offset the damages against the pay you owe them, not without their consent or a contractual clause allowing you to do so. Therefore you will have two options – pay them what they are due and consider pursuing them for the damage caused; or try to negotiate not pursue them if they agree not to ask for the pay you owe them. So you need to make it clear that whilst you agree you owe them money, you will pursue them for the damage caused so they will have to answer a potential court claim over it. Instead, it would be much easier if they were to agree and sign something which says they waive their right to any notice period in return for you not pursuing them for the damage caused to your property. To be honest even if you were to withhold the money you owe them I would say it is unlikely that they will go and sue you as a result, it is a very low amount to bother going to court over but it is up to you if you want to take that small risk.I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thanks Ben, I understand your reasoning. Please could you clarify about suing for negligence. The cleaner has denied any wrong doing and has refused to give me any insurance details. How can I counter claim for damages she denies?
Expert:  Ben Jones replied 1 year ago.
In the circumstances it is really going to be your word against hers. There is obviously the physical evidence of the damage but you have to prove that she was responsible for it. A lot of this will be circumstantial evidence - such as it nor being there before she came and as soon as she left it was there. But there is no concrete proof so it will be down to a court to decide whose version of events they believe and inevitably there will always be a risk with these claims that you will not win. Hope this clarifies?
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