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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48723
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I hope you can point me in the right direction. In a

Resolved Question:

Hi - I hope you can point me in the right direction. In a nutshell, the cleaners I hired to do my end of tenancy clean havent actually cleaned (or at least, done a very poor job) and left the bathroom dirty after using the loo, and left the immersion heating on (which I didnt use). Luckily I have a good relationship with my landlord so I have some time to get this put right. Id at least like my money back from these 'cleaners', but I dont know where to start. What kind of right do I have in this situation? I can prove payment and have emails confirming what the job was. Thank you.
Submitted: 19 days ago.
Category: Law
Expert:  Ben Jones replied 19 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 19 days ago.

How much were they paid?

Customer: replied 19 days ago.
210 pounds
Customer: replied 19 days ago.
by bacs
Expert:  Ben Jones replied 19 days ago.

Does the house still need cleaning or has it been sorted now?

Customer: replied 19 days ago.
No I had the message from my landlord tonight and she has sent some pics of the uncleaned areas. I dont know where to start to fix this.
Customer: replied 19 days ago.
are you still there?
Customer: replied 19 days ago.
hello? It has been about 20 mins since last answer - will you be emailing your advice or should I keep on the line here? Thanks
Expert:  Ben Jones replied 19 days ago.

Sorry my connection dropped, I will just get my answer ready and reply shortly

Expert:  Ben Jones replied 19 days ago.

But just to clarify - does the house still need cleaning? I couldn't understand from your previous message if that is the case or if the landlord has already cleaned it

Customer: replied 19 days ago.
it does still need cleaning. they failed to clean it.
Expert:  Ben Jones replied 19 days ago.

Ok great, thanks. In the circumstances the cleaners would be in breach of contract because they have failed to undertake the work they were required to and paid for. However, before you consider taking this why further in relation to trying to get some money back, you would be reasonably expected to give them the chance to rectify it first. So for example you need to ask them to come in end do the job properly and do do it within the time line given. If they refuse to do this that is when you can certainly consider taking it further to get some or all of your money back for breach of contract. Assuming they are not willing to refund you then you would be seeking to take this to the small claims court which is a relatively cheap and low risk option.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow to initiate a claim. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

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Customer: replied 19 days ago.
ok that gives me a place to start thanks
Expert:  Ben Jones replied 19 days ago.

Thank you. If you eventually have to pursue them it would be for compensation, for some or all of the money paid.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.