house bought.. summer house gone??

brummybloke

i just got the keys to my house yesterday, how excited i was.

i went around to the house, opened the door walked through and then looked into the back garden.....

the large summer house which had been in the back garden had gone and all that remains is the concrete blocks used for levelling it and a great big mess.


is a summer house fixtures & fittings, or is it a structure?

we have completed, i have the keys, my solicitor was not at work today so i will have to see what he has to say tomorrow but im not a happy bunny. the solicitor also has the copy of agreed fixtures and fittings, i was told the only things the seller was taking is her personal items such as furniture, light shades and electricals that were not built in.

if the summer house was not mentioned ( i dont know until tomorrow) as one of the items she was taking, where the heck do i stand ( apart from not in the summer house?)

pawpurrs

Was it mentioned in the sales particulars? If it was then it should stay if it wasnt then, I would anticipate that they allways intended to take it.
A summer house/shed is not allways included in a sale, its quite common for people to take them with them.

kunekune

I suspect that you're looking at it the wrong way round. It's a freestanding structure, so it isn't a fixture. If it was staying, it would have been listed in the list of what was staying.

Wickedkitten

Surely you should have a copy of the fixtures and fitting list as part of the pack that your solicitor gave you. Is the summerhouse listed as part of the sales particulars?

brummybloke

what is even more annoying is that she left the hiddious light shades anyway.

kunekune, a structure, freestanding or otherwise on the property i would assume is part of the deal unless stated otherwise?

as you say though, i may be looking at this the wrong way around but then wouldnt EVERYTHING which remained have to be listed?

i havent seen the fixtures and fittings list because my solicitor told me over the phone that it was just the stuff i already mentioned.

i want really bothered about the summer house when it was there but now it isnt and there is a great big mess left in its place it is very anoying indeed.

wouldnt the concrete supports count as foundations, which would give the structure some kind of permenance?

pawpurrs

Normally the fixtures and fittings list will have shed etc on there and should have been ticked as to whether it was staying you should really have looked at it before exchange.
As I say its quite normal for people to take sheds and summerhouses.
If you dont like the light fittings just take them down.

cattie

Sheds and such structures are not considered part of the fixtures & fittings & unless mentioned as included on fixtures & fittings form, then they don't come with the house.

I once bought a house where the owners were taking the garden shed with them to their new home.

brummybloke

the garden is not in the same condition it was when i exchanged though.

plant pots and stuff is one thing but large holes where im guessing support has been dug up on the lawn leaving 10 large concrete blocks, 4 larges holes and other mess.

i guess it wouldnt have been too bad if they had taken the mess and put right the damage they did.

i will find out for sure tomorrow though and i think i may have a couple words with the solicitor as he never sent me the sales particulars and told me over the phone the only things she was taking.

the seller is an old woman who is going into a retirement flat, i cant see much call for a summer house there but hey ho.

pawpurrs

She may have given it to someone or sold it.
Surely you had some sales particulars from the EA?

Wickedkitten

brummybloke wrote: »

the garden is not in the same condition it was when i exchanged though.

plant pots and stuff is one thing but large holes where im guessing support has been dug up on the lawn leaving 10 large concrete blocks, 4 larges holes and other mess.

i guess it wouldnt have been too bad if they had taken the mess and put right the damage they did.

i will find out for sure tomorrow though and i think i may have a couple words with the solicitor as he never sent me the sales particulars and told me over the phone the only things she was taking.

the seller is an old woman who is going into a retirement flat, i cant see much call for a summer house there but hey ho.

You should definitely have a case for them not putting right the damage even if the summerhouse isn't included

chickmug

Wickedkitten wrote: »

You should definitely have a case for them not putting right the damage even if the summerhouse isn't included

I agree morally but try and force them to get it done (the damage). But I have known many cases where the buyers solicitor has said how much it could cost to take action and then said forget it as not worth the cost/risk. A sad state of affairs