Curtains not left, but on fixtures and fittings list?

nublue

Hi,

We completed on our house this week, and were quite surprised to find that when we moved in there were no curtains, as on the fixtures and fittings list, they had agreed to leave all but 2 pairs. So there should have been 8 pairs in total left behind. (There is a conservatory which had curtains all around)...

This is going to cost quite a lot to replace, and while we don't want to be difficult, it's time and cost we didn't bargain for... at least initially.

Is there anything we can do about it? and if so which is the best way to approach it?

Thanks...

zzzLazyDaisy

Have you informed your solicitor? That should be your first step as the sellers are in breach of contract. Your sol should ask for the immediate return of your property.

tbs624

Give the vendor the benefit of the doubt - they may have had help with moving andit could be a genuine mistake. If you have a contact number for them you could give them a quick call, or you could speak to your solicitor.

However, if it wasn't a mistake on their part and they don't offer to let you have them, it will probably cost you more to use your solicitor to pursue this one than it would to get new curtains. You can of course use the small claims court, depending on the value of your claim.

Viper_7

But if you do pursue it - you would get the costs back + more.

pie81

tbs624 wrote: »

it will probably cost you more to pursue this one than it would to get new curtains.

not sure that's necessarily true - depends on how much new curtains would be. this is a very clear cut case (at least from what the OP has said) and so wouldn't necessarily be all that expensive to bring to court if that is what's needed.

obviously best to have your sol speak to the sellers' sol first though before rushing off to court.

pie81

Viper_7 wrote: »

But if you do pursue it - you would get the costs back + more.

You should in theory get your costs back if you win BUT you don't always, and of course that's no good if the seller doesn't have the money to pay them.

tbs624

Viper_7 wrote: »

But if you do pursue it - you would get the costs back + more.

Yes, you're right that if you win your case you can claim back your costs. However, the OP said "This is going to cost quite a lot to replace, and while we don't want to be difficult, it's time and cost we didn't bargain for... at least initially"( my highlighting)

which suggests that at some stage they'd be replacing the curtains anyway. She mentions "time & cost". Yes, you can claim your costs if you win your case but you will have to shell out in advance for some of the work involved, and it does of course take time & energy. If both are in short supply and they weren't "forever curtains" then you have to balance how much the hassle is worth to you.

If the vendor took the curtains intentionally and won't return them then clearly s/he is in the wrong. However, several weeks argy bargy, court date, win, get return of curtains ordered , get costs awarded , curtains need cleaning, draw curtains in conservatory thinking "I had to sue the b****** over these" . That's not adding in chasing up vendor who is slow to pay said court costs and/or compensation in lieu of curtain return. Somehow, it may not seem worth it at the end of it all - but that's clearly a decision only the vendor can make for him/herself

AMILLIONDOLLARS

Of course the vendors could give you any old curtains as a replacements. Curtains in the true sense of the word are not fixtures! I along with most households regularly change my curtains, so you'd have a hard time arguing which pair the vendor was suppose to leave you!

Ring them by all means, but don't expect to get pair you saw at your viewing.

AMD

GDB2222

This would be a small claim track case in the court, so you wouldn't get (most of) your costs back if you use a solicitor. OTOH the small claims track is very user friendly and you can bring the case yourself.

I don't agree that you can be fobbed off with any old curtains. You bought specific ones, as for example shown in photographs of the property.

The action I would take is:

1. Ring the vendors to hear what they have to say. They may be very apologetic, having packed them by mistake.

2. If they say they won't return them, buy replacements, as you need curtains and buying replacements crystallises your loss.

3. Sue as a litigant in person in the county court for the cost of the new curtains, but expect to get only a part of your cost back as the old curtains were secondhand.

There are various intermediate steps such as writing to the vendors before issuing proceedings. You could also speak to your solicitor, who will speak to the vendors' solicitors, etc. Maybe that will help.

goldbyron

It is naughty they didn't leave the curtains but after all the stress of buying a home....is it worth the additional aggro? You could contact the agents and ask them to ask the vendors what happened. However personally I would relax in my new home and just put it down to experience.

bmunky7

goldbyron wrote: »

It is naughty they didn't leave the curtains but after all the stress of buying a home....is it worth the additional aggro? You could contact the agents and ask them to ask the vendors what happened. However personally I would relax in my new home and just put it down to experience.

Certainly worth requesting the curtains are returned however IMO not worth the hassle of going to court over, but then it depends on how costly they are to replace and how litigious you are.