Vendors want shed back after completion

jupu

We have just got the keys to our new house and have had the sellers asking for there (log cabin) shed back. There was nothing written on the fixtures and fittings form to say they were taking it and having visited the property twice the seller said they weren't goping to take itwith them. The day after we got the keys we returned to the house to find a note sellotaped to our porch saying they were sorry they missed us to pick up the shed. The sellers should have taken the shed in this case at the time of moving out.
The shed is a big feature in our garden and to take it away would leave a cement foundation. The shed is basically another room outside.
Could we please have some advice on whether this shed is legally ours or not and what action to take next, as it sounds as if they want to take us to a small claims court.

jupu

MyUserNamesTaken

They won't take you to the small claims court. Normally, with a fixtures and fittings list, they have to state what is staying and what is going. You need to contact the solicitor you used for your conveyancing to find out the legal position, as he has seen all the paperwork. If it's not on the fixtures and fittings list, I'd be inclined to tell them that they can't have it. After all, they filled out the form incorrectly and left it on the property after completion.

Pal

Agreed. Speak to your solicitor.

theGrinch

why didnt they remove it before you moved in?

robnye

Pal wrote:

Agreed. Speak to your solicitor.

ditto

if it wasnt listed , then they cant have it.......

do you have big noisy dog...... leave it in the garden....... :rotfl:

morwenna_macro

Stick to your guns. It sounds to me like they don't have much of a case. If they did not state they were going to take it with them and in fact did not, it was probably sold with the house as a fixture. Also if they told you that it was staying, that will probably amount to a representation. Don't let them in. Wait to see if they take it further (Solicitor's letter). Their Solicitor should write to your Solicitor, but if they write directly to you, that is the time to go to yours. P.S. have you changed at least your Yale Lock?

jupu

theGrinch wrote:

why didnt they remove it before you moved in?

The couple reckon that the man who was going to take it down (plank by plank i might add!!) let them down. My concern also is that were they going to leave live wires out in the open and a concrete base????.

rchddap1

If it was going then they should have made that crystal clear before the move...not afterwards. Talk to your solicitor.

AndrewSmith

Ditto to all the above.

Once legal completion has taken place they then cannot suddenly decide to take the shed. If they attempt to you can actually sue them for criminal damage and trespassing.

As the others have already said, a quick phone call to your solicitor, who will contact theirs, who will tell them that they are in the wrong and should have clearly listed on the fixtures and fittings list that it was excluded from the sale. That is the whole point of these forms.

You, my friend, are 100% in the right and have nothing to worry about.

P.S. You could always offer to sell it to them? :rotfl:

Norma_Desmond

Ditto to the above - they can't have it back. Mind you, they'd be welcome to mine; looks like the aftermath of a nuclear strike....

nelly_2

I dissagree let them take it, them log cabins stuck in a back garden look as out of place as a penguine in the desert.