You noticed the ring was missing the day after the clean. Then the $400 cash in the bedside drawer. Then your mother’s watch. You rang the cleaning company. The manager said the cleaner “denies it”, that you “should have locked valuables away”, and that their terms say they are “not liable for loss.”
You feel violated and you feel powerless. You are not powerless.
Step one: police, today
Theft is a crime. Report it to police and get an event or report number. Do this even if you think they will not investigate. The report:
- Creates a formal record with a date
- Is required for most home and contents insurance claims
- Shows the cleaning company you are serious
- May link to other reports about the same cleaner
Be specific: what is missing, its value, when you last saw it, and who had access. If you have a doorbell camera or smart lock log, save it now.
Step two: the company is likely liable, not just the cleaner
If the cleaner is an employee of the company, the company may be vicariously liable for theft committed in the course of the job. That depends on the role the company gave the cleaner and the position it put them in, such as access to your home and the trust that came with it. If the cleaner is a contractor, the company may still be liable for negligence in vetting, for example if it did not do a police check.
The company also supplied a service under the Australian Consumer Law, which must be provided with due care and skill (section 60). Sending an unvetted person into your home is not due care. And a “not liable for loss” clause does not override the ACL (section 64) and is likely an unfair contract term.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who owes you?
2. How much?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
Step three: insurance
Check your home and contents policy. Most cover theft by a person lawfully in the home, though some exclude it. Lodge a claim with the police report number. If you recover from the insurer, they may then pursue the cleaning company themselves.
Step four: the Letter of Demand
Send it to the cleaning company’s registered business address. It should:
- List each item, its value (with receipts, photos or valuations where you have them) and the date of the clean
- Quote the police report number
- State that the company is liable vicariously and under the ACL
- Ask what vetting and police checks were done on the cleaner
- Demand payment of the total within 14 days, or you will file at the tribunal or Magistrates Court
Cleaning companies rely on trust. A tribunal decision that says “company liable for theft by cleaner” is a business-ending headline.
Valuing what is gone
Receipts are best. If you do not have them, use photos, bank statements showing the purchase, or a jeweller’s written estimate. For cash, your word plus a bank withdrawal record helps. Be honest and precise; a tribunal will believe a careful list more than a round number.
Change your locks if they had a key. Cancel the service in writing. Then send the letter.
Claim Done drafts your Letter of Demand for $49. Done in about 5 minutes. You approve it before it is sent.
What happens when you send a Letter of Demand
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Letter of Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=letter-of-demand. Claim Done is not a law firm and does not give legal advice.
How much does a Letter of Demand cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Letter of Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Letter of Demand template doesn't?
It drafts the Letter of Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.