Cleaning Firm Threatening to go to Court After Company Vacated Property

[RollingRock]

Hi, we've just started renting a building for our business. The company who were in the building previously had a 3 year contract with a cleaning company to empty the sanitary bins. They departed the building at the end of their rental lease, but before the 3 year cleaning contract was up.

As it's worked out, the company who were in the building before us are also one of our customers. They used to have 4 sites, but this has gone down to 3 after they left the premises where we are now.

The cleaning company who previously serviced the building has started to hound both of us for breach of contract. The cleaning company are basically saying that either I have to use them for the remainder of the contract (not happening as we've already organised someone else), or the previous company will have to pay the value remaining on the contract for our premises in full.

I'm quite happy to tell the cleaning company where to go, but the previous company who are our customers are getting nervous of the threats of legal action and suggesting that I should pay the debt. If they weren't our customers I wouldn't have given it another thought as it's legally nothing to do with me. However, I don't want to get into a case of supplying them with goods and them not paying by using this outstanding money as an excuse.

I know with other utilities, the contract is deemed void when the company has vacated the building. Is this the case for cleaning contracts, any thoughts?

[atticus]

You do not have a contract with the cleaning company. The cleaning company's contract with the previous tenant does not somehow attach to the premises.

The cleaning company's contract with the previous tenant is not void - they can take any legal action they want against that previous tenant, but not against your company.

Why is the previous tenant suggesting that you should pay? Is there something else you have not mentioned?

[PallasAthena]

I know with other utilities, the contract is deemed void when the company has vacated the building. Is this the case for cleaning contracts, any thoughts?

Just to clarify, a cleaning contract is not a "utility" so comparing a cleaning contract to the supply of electricity/gas/water is not relevant.

Has the cleaning company in fact been cleaning your sanitary bins since you moved in even though you have no contract with them?

[RollingRock]

You do not have a contract with the cleaning company. The cleaning company's contract with the previous tenant does not somehow attach to the premises.

The cleaning company's contract with the previous tenant is not void - they can take any legal action they want against that previous tenant, but not against your company.

Why is the previous tenant suggesting that you should pay? Is there something else you have not mentioned?

Simply on the basis that I came into the building, spoke to the aforementioned cleaning company out of courtesy to the previous owners, decided that I didn't want to enter into a long term contract with the shysters (which is all they were offering) and then engaged with another cleaning company leaving the previous tenants to deal with the ramifications... which they are trying to use as leverage because they are our customers.

[RollingRock]

Just to clarify, a cleaning contract is not a "utility" so comparing a cleaning contract to the supply of electricity/gas/water is not relevant.

Has the cleaning company in fact been cleaning your sanitary bins since you moved in even though you have no contract with them?

Nope, as soon as I took over the building and told them I wasn't going to use them, they took out all the sanitary bins.

I'm simply trying to find a good solution for our customer who used to be in the building. They are demanding £1500 from them, for services which they haven't even delivered.
Realistically, what are the chances of him fighting this all the way to court and then winning or at least getting a reduction in moneys owed?

[atticus]

Surely your customer can look after itself.

It signed up for a 3 year contract, but appears to want to walk away before the expiry of the agreed term. That is something it will need to resolve.

[RollingRock]

Surely your customer can look after itself.

It signed up for a 3 year contract, but appears to want to walk away before the expiry of the agreed term. That is something it will need to resolve.

Obviously this is absolutely correct. However, what would be his suggested defence?

[atticus]

On the information given, I cannot see a defence. As a businessman you may have some understanding of the importance of contracts.

Your customer needs to take legal advice, giving its lawyers full information, showing all relevant documents and explaining the reasons for being unwilling to pay.

[HariSeldon]

Obviously this is absolutely correct. However, what would be his suggested defence?

The only possible defences I can think of are if there was a break clause in the contract or if you agreed to take over your customer's liabilities regarding the cleaning contract; are either of these the case?