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Nursery closed because of mice, took kids out of there but still charged notice period?


My children were going to a day nursery after school two days a week, but during the half term (when my kids don't attend) environmental health closed them down because of mice infestation and no hot water supply to the kitchen sink.
I only found this out through the local paper and once they were reopened the following week, my husband went down and spoke to the manager to inform her that our kids would not be coming anymore because of the mouse situation.
We recieved our final bill today and she has had the cheek to add on four weeks notice!
Surely, if I have taken my children out of there because I am unhappy with their mouse and cleanliness situation, then I shouldn't be made to pay the notice period?
Any advice would be greatly appreciated!

Is there anyone with an opinion from a legal point of view?

Pay whatever amount you owe, I wouldn't care about the remaining amount, if they have a problem, they will come back to you and you have all the right to explain why you didn't pay them the full amount.

Just pay what you think you owe and see what happens. I doubt very much that they will argue too much with you.

Asummingly the place has now been given a clean bill of health, I think you would probably be in a weak position. They would see it as being your decision to take your children away, as they no longer have a problem.

Try to get a copy of the news article and send it to them with their bill. They should've kept the place clean. If it got shut down especially b/c of uncleanliness and water supply, then it shouldn't be your problem.

I would check your contract and make sure there isn't anything saying you have to pay an extra four weeks if terminating early. If not I would get a lawyer and see if you can get some money out of it.

You should listen to Adam P, he sounds like a really smart guy....

Don't pay anything until you have sorted this out cos you will not get it back.

You could write a letter to the nursery and tell them you are consulting a lawyer for advice and tell them that you request a written response within 7 days. If in the UK i would say in letter that you are going to contact OFSTED (see their website) to ask their advice. If they have not reported this closure to OFSTED they will panic and agree to let you leave with no notice as they should have told OFSTED.

You may have to compromise and pay two weeks notice as you will probably have signed contract regarding 4 weeks notice - if not you don't have to pay it. I manage a nusery and all our parents sign terms and conditions form.

I do not know the circumstances so I am not sure how the mice got in - it could have been through lack of cleanliness but it could have been that the mice were in a neighbouring building and found a way in and as long as they have dealt with problem you may not be able to withhold money.

First you need to read your original contract with them. Then consult an attorney to see if this might fall under a special situation allowing you to not have to pay.

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