AIBU to cancel my cleaner agency agreement and carry on using the cleaner directly?

[Shopaholic107]

I’ve been paying a company who introduced me to a cleaner for eight months but I’m not getting any continued benefit for the money. They introduced me to a self-employed cleaner, who I pay directly, and I also pay the company a monthly fee (£35).

Since the introduction, I’ve never had any reason to contact the company. I deal with the cleaner directly if there are any issues, and the company has never checked in to see how things are going.

I recently asked the cleaner about the arrangement, and she told me that the company doesn’t pay her anything and she only has a couple of clients through them. She also said they don’t provide her with insurance. I know they don’t pay her, as that was never part of the arrangement, but I was surprised about the insurance because my contract specifically says they provide public liability insurance of at least £2 million for cleaners they introduce.

I’ve looked at my contract and it says I can cancel with one calendar month’s notice, but if I carry on using the same cleaner within 12 months of cancelling, they can charge me £500.

I’m a bit torn about what to do. On one hand, they did introduce me to the cleaner, so I can see that they’ve provided a service. On the other hand, I’m paying them £35 every month for what seems to be very little ongoing support. They also took a few weeks longer than they were supposed to to find me a cleaner, and during that time they still wanted to charge me.

I’m tempted to cancel the agreement and carry on using the cleaner directly. The cleaner has said she won’t tell them, and obviously I wouldn’t either. There’s a risk of them finding out and charging me £500, but I’m not sure how they’d know as they’re not in regular contact with us and don’t know her schedule. I arranged days and times for cleaning with her direct. I also wonder whether that clause would even be enforceable given the potential issue with the insurance they say they provide and it equating to over a year’s fees if I carried on paying the monthly charge (could be seen as unfair terms).

I’m also conscious that they introduced us, and I don’t want to be unfair just because I don’t think they’re providing much value for the monthly fee.

AIBU to cancel and carry on using the cleaner directly?

That’s tricky. I’m not sure but can see why you’re tempted.

I do some domestic work on a self-employed basis via Age Uk (their service is for elderly people). They charge the clients an annual fee. They don’t insure us (we insure ourselves) but they will find cover for us when we go on holiday or are ill, if the client wants it. Other than the initial introduction and providing cover, I’m not really sure what they are charging the clients for to be honest. But they are charging clients FAR less than the £35 a month you are paying.

I think it’s reasonable to have a non-compete clause, but whether theirs is enforceable or not I don’t know. Sometimes people’s life circumstances change and change again.

“Hi Agency - this is my one month’s notice as we’re moving from the area”

I suspect that particular clause of the contract is unenforceable so I’d cancel and see what happens.

If they tried to charge you and you refused to pay, they’d have to take you to court and convince the judge that you were in breach of contract but what is the ongoing service that you are paying for? That seems unclear to me. 🤔

We cancelled our contract with the cleaning company and still employed the cleaner. There was a similar clause in the contract. They were supposed to provide a replacement if our cleaner was off and never did.
£35 is a huge amount to pay monthly - think we might have paid that quarterly if not less.
I think you take the risk - particularly if you know that they are not fulfilling their contract regarding insurance. Interesting that they aren't checking in with you or paying anything to the cleaner - what are you actually paying for?

We did this. We were both much better off. We halved the difference.

I had a client ask me to do this...of course I agreed. I had a key to her house so carried on for a few months working directly for her before I left to have a baby. She paid me slightly more after ditching the agency

I would hate the feeling of being duped. I would want to ask them what I was paying for, and then, presuming it was still nothing, I would let them know I was giving them notice for that reason. I would look into whether their contract was enforceable, but I also just would be glad to be free from an organisation like that so would take the risk of looking for a new cleaner.

Thanks for the response. It’s a bit of a dilemma! They told me at the start that if I wanted to change cleans for holidays or ask for extra cleans then I should arrange that with the cleaner direct. Since it took them a while to find a cleaner, I suspect they’d struggle to arrange holiday cover for her. It was actually my cleaner who said to cancel with them - she doesn’t think much of them by the sound of it!

😂😂

How would they ever know you carried on using her! I'd do as others suggested and cancel then give her a bit extra

I was thinking of doing that too. I pay her a few quid more every clean just now - I round up the payment to the nearest tenner so neither of us are searching for change!

Oh 100% DO IT. I did this with my cleaner after the first month - she earns more money than she did with the agency and I don't get charged stupid amounts of admin fees!!

(It did help that the agency accidentally took a double payment from my account leaving me overdrawn - gave me a great excuse to leave). But as a PP said above, the £500 charge will be one of those clauses that isn't actually enforceable. Go on OP. Let us know when you've made the leap!

I honestly don’t know. They’ve contract says they provide ongoing support which I assume means they’d step in if I was having problems with the cleaner, but I’ve just spoken to her about anything I wasn’t happy with. It also says it would find me a replacement cleaner and all the cleaners are covered by liability insurance. This is voided though if the cleaner doesn’t use my products, and she doesn’t because she brings her own.

I did this! There was no benefit to using the agency once I’d had her for a while. Spoke to the cleaner and she was happy to just work for me. She had a mixture of agency and private clients. I told the shroud could no longer afford a cleaner. But asked her to continue.

Tbh I know people who have done this and nothing has ever come of it with the agency.

I agree re telling them you’re leaving the area.

These cleaning companies who actually just provide an introduction but nothing else, and continue to take a fee are very disreputable in my eyes. They’re taking money you could be paying the cleaner for doing absolutely nothing.

PS I use a proper cleaning company who employ their cleaners on proper contracts and they’re great.

No worries about people being ill, unable to come etc as the company just send people who are working that day

I had one cleaner through an agency - utter rip-off, they did nothing. Never again!

I'm a cleaner. I think all agencies are a rip off and not worth it for anyone but the agency.

However, when it comes to this kind of thing, the only time I think the cleaner is out of line is if they are using the agency products/applicances to do their own work.

If that isn't happening, then I'd say 100% fuck the agency.

I'd pay the agency for a few months because they have provided a service by finding you the cleaner. Then ask to see details of the insurance they are providing and leave if they can't produce them. Then put up the cleaner's hourly rate and continue with her privately.

I agree, it would be fairer to charge a one-off fee for an introduction to a cleaner who turns out well. I won't use companies who charge a regular fee whilst putting all the inconvenience and risk on to the customer or employee.

She’s already paid them for 8 months!

Then she's in the clear and can cancel, in my moral world!

We did this. Our cleaner was totally reliable and wonderful. When we cancelled the monthly pay to the company we increased the pay to our cleaner. No regrets.

I don’t think I could resist following up on the insurance question. If they are lying about that, I would want a refund for what I had paid previously.

The primary reason to go with an agency is the insurance.