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Well, I don't know exactly what to do, should I claim against the cleaner? or should I claim against the Agency for taking my deposit? they say they are doing it because the cleaning work was instructed by me.
So I don't really know but the most pressing detail right now is the payment (or not) of the invoice for the cleaning services as it is due today and I'm worried that missing the payment or witholding it might hurt my chances of getting my money back IF I was to claim against the cleaners.
I would need a quick answer, as I said the invoice is due today.
You can always pay the bill they ask for and pay it under duress,and then dispute with the deposit scheme and if necessary, take it up with thecleaning company that you instructed.
If you feel that the extra cost was completely unjustified, payit and then sue the landlord for the extra cost which you do not feel justified
Sorry, what does 'pay it under duress' mean?
So do you suggest suing the Landlord instead of the cleaning company?
To pay under Duress means to pay under pressure.
It means that you have paid it just get rid of the matter withoutnecessarily agreeing that you owe it. It gives you the option of then suing toget some of the money back.
People very often do that and pay a bill that they do not agree toso that it does not affect their credit rating and then they sue the creditorto get the money back.
There are two potential issues and two potential defendants withregard to the cleaning and without looking at the property it is impossible forme to say which is the correct route.
If the cleaning is inadequate for what you paid, you sue thecleaning company.
It may be that you got £100 worth but that was not enough to dowhat was needed. Just because you paid £100 does not necessarily mean that wassufficient. I obviously cannot comment on the competence of the cleaners
If the cleaning is inadequate for the purposes of the landlord,then you have to pay the landlord.
It comes down therefore as to whether the cleaning was indeedinadequate for the purposes of the landlord or the landlord is looking atmaking £300 for doing nothing.
Remember that the agent is alleging damage caused by the cleaners.The cleaners will of course say that they didn't force anything because theyare not going to say "oh yes we gave it a good yank and it came away in our hands".I also cannot imagine that the flat downstairs will imagine the water or wouldmake it up. It is easy enough to ask them.
Thanks for your reply.
The level of the cleaning is not in question but the damage cause by the cleaners.
The damage is real and it was assessed that it was caused by the damage in the shower. The invoice for the cleaning services is £240 and the first quote for repairs is around £1,500.
I'm not sure where you arrive to the £300 you mention on your example.
In summary, to my original question, paying the invoice in duress will make sure that my credit rating is not affected and I could claim it back in the future.
Would you let me know how exactly a 'pay in duress' is made?
I'm sorry, I was thinking of another question with regard to theamount because looking back up the long thread, I can see there is no mentionof an amount. I have another question which I have been dealing with onvirtually similar circumstances and I was thinking of those amounts of money.
£1500 is obviously a substantial amount of money and therefore itcomes down to whether that is reasonable bearing in mind the damage.
I have not seen the damage although I accept, as you do, that itis real.
It appears that it is not just the damage to the shower but thedamage caused by the water leaking from the shower.
Assuming that the amount of money is correct, then you areresponsible for it in that the cleaners were your agents acting on yourinstructions and the cleaners are responsible to you.
If you accept the damage is real and you accept that the cost isreasonable, I really cannot see how you can get out of paying it but you will be able to claim against the cleaning co.
Thanks for your last reply.
Only this remains unanswered:
Will this be in the form of a letter,email attachment, would you be able to provide the wording needed?
Send a cheque for the money with a covering letter.
Head the letter "without prejudice save as to costs"
say that you are offering this money in full and final settlementof any claims against you in on the strict understanding that you do not acceptthat you are in any way liable for this damage at all because the damage wascaused by the cleaning contractors and not you, and that you are paying underduress/pressure/mistake.
If you do that, it leaves the door open, if needed, to sue them toget the money back
one final point that I would make is that it would appear that thewater outlet was not secure because unless the cleaners were really ham-fistedbutchers, these do not normally come apart. You could therefore allege that thelandlord was partly to blame for this
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