Seller left non-fitted items which are not on F&F list...

jezebel

Can I charge the seller for the removal of a bed and a sideboard (dark wood in bad shape that I know from experience will cost me to remove)?

I could probably freecycle the bed as it's in okay condition, but not sure about the sideboard.

Do they have a legal right to these "possessions" now that they have abandoned them at a property that is now mine?

Can I charge for removal? Is it reasonable to hire someone else to do this as that's one big unit?

jezebel

Sorry should clarify, we have completed and the house is mine as of yesterday.

charliee_3

we had a post about a similar thing the other day.. there is a legal requirement to keep them apparently...
this is from that thread
Uncollected or abandoned goods

A person may leave goods which belong to them with someone else and appear to have abandoned them. Examples include:-

• scaffolding or other equipment left by builders on site
• books or records left with friends
• uncollected goods left at a shop for repair
• uncollected goods left by a tenant in a landlord’s property
• goods ordered and received but then rejected or not paid for
• and the seller has failed to collect them
• unsolicited goods sent through the post.

If you have uncollected or abandoned goods, you have a duty to look after them, but cannot use them or treat them as your own. You will be liable for any damage caused to the goods while they are in your care.

If you are in possession of another person’s goods you can sell them if they remain uncollected, as long as:-

• the original owner is responsible for collecting the goods. The goods cannot be sold if it is the finder’s responsibility to return them; and
• any money received from the sale is returned to the original owner or, if this is not possible, kept on account for them. The owner only loses their right to the money after six years; and
• the finder follows the correct procedure.

The finder must give the owner of the goods, either personally or by post, a first written notice stating:-

• that the owner is responsible for collecting the goods
• the details of the goods and where they are
• the finder’s name and address
• how much money is owed, if any, for the goods when the notice is sent, for example, the repair cost or reasonable storage charges.

What happens if the owner does not collect the goods

If the owner does not collect the goods by the date given in the notice, and the finder is sure that the goods belong to the person who has been sent the notices, then they may keep the goods or sell them. If the goods are sold they will then legally belong to the purchaser.

hope that helps.. I'm sure it doesnt!!

charliee_3

actually re-reading that seems to only apply to rented property.. maybe its different when you buy it?... i'm guessing you'd ultimately be responsible for paying to get rid of them as it would cost more to pursue them for the money than it would to just pay...

picardygirl

We had rubbish left in our loft and at the end of the garden when we moved into our house, also the taps on the sink and bath were changed to cheap ones, rather than the ones that were there when we agreed the purchase, we even had our own pictures of them as we bought the house privately so the owners allowed us to take our own pictures.

When we contacted the solicitor after completion, to inform them of the rubbish and the change in taps, they wrote to the other solicitor involved, received no reply, wrote again a few weeks later again no reply. When i hassled our solicitor saying it wasnt was agreed in our f and f list, she basically told me they are not worth the paper they are written on.

The EA said this happens quite often ......

I would either contact your solicitor and see what their view is, as i'm sure all solicitors will have their own view on this, or just get rid of how you deem easiest for you, after all the house is yours now, therefore the goods are also yours now.

chickmug

We used to come across this but often on a more spectacular scale. Even where new owners needed skips to clear what had been left.

When the new owners asked their solicitor if they could charge the old owner they were advised "You can try it but unless they pay forget it as the costs and stress to get that sort of money back is not worth it". Worth a try but I can't recall many old owners paying up.

pawpurrs

Its really not worth the hassle, freecycle the furniture, or get a furniture place for people on low incomes to collect, failing that get a hammer to the sideboard, and take your frustration out on it, use it as firewood or take it to the tip, its not worth sweating over.

gemstars

I have read that you can charge for the removal of any unwanted items the vendor left if you haven't agreed for them to leave them. I'll have a look for the info....

chickmug

gemstars wrote: »

I have read that you can charge for the removal of any unwanted items the vendor left if you haven't agreed for them to leave them. I'll have a look for the info....

As I said earlier you can charge them but doesn't mean they will pay it. All the monies will have been allocated by the legal guys so reliant on the honour of the outgoing owner. Those that leave stuff usually do not have honour.

GDB2222

chickmug wrote: »

As I said earlier you can charge them but doesn't mean they will pay it. All the monies will have been allocated by the legal guys so reliant on the honour of the outgoing owner. Those that leave stuff usually do not have honour.

I agree with you and Pawpurrs. The OP would have to be prepared to go to court over this, and it's too small to warrant that.

If you know where the owners moved to, I would take it round and leave it propped up against their front door.

chickmug

GDB2222 wrote: »

If you know where the owners moved to, I would take it round and leave it propped up against their front door.

Brings to mind one sale where the old owners had left the piles of dog muck all over the back garden. The new owners told me that they scooped it all up and tipped it on the front garden of the old owners new place.