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Completed today-seller hasn't moved her stuff

I need some advice as to where I stand. We completed on a house today and picked up the keys from the estate agents. When we let ourselves into our new house we were horrified to find that the seller hasn't moved any of her stuff!

Where do we stand? We've got a van booked to move all our stuff tomorrow but now have no where to put it. Our solicitor doesn't work today so they put us onto a different solicitor in the same company only to find out that he is the vendors solicitors and so has conflict of interest speaking to us. He has asked te vendor to go round tonigt and move all her stuff into one room as she claims she can't possibly move it til the weekend.

Where do we stand? We have already had the "sell it/dump it put on the street" comments which aren't actually helpful to us so if someone could give us some decent advice we would be very grateful.

Thank you
Goals for February
Declutter 2/50
Money Made £0/£200
Overpayments £0/£200
«1345678

Comments

  • RAS
    RAS Posts: 34,910 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Vacant possessionis just that. Your vendor is responsible for any additional costs that you incur.

    Bit late int he day but try to get a message to her listing the costs she is about to incur.
    If you've have not made a mistake, you've made nothing
  • paulofessex
    paulofessex Posts: 1,728 Forumite
    I would speak to your solicitors tommorow and ask if you are within your rights to charge a 'storage fee' as this would hopefully make the person move their butt a bit faster. If you are allowed ensure it is communicated to the lady via the solicitors.
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Tell the vendor via the solicitor that you will charge her storage fees for not moving her stuff out.

    If possible add the rates now - Go down to your nearest storage place and ask them how much it costs for short term hire and get it in writing - you need one day rate, one week rate. You will need to pretend you are interested in taking out a storage room. (The written quote is in case you have to take her to court.)

    In addition if you cannot move your stuff in at all you will charge her for the cost of van hire, storage of your stuff and alternative accommodation.

    Put this in writing and one copy for the attention of the vendors solicitor and another copy as reference for your solicitor.

    Finally make sure you get the address of the vendor so you can threaten her with small claims court action if she refuses to pay the bill. And actually take her to the court if she doesn't.
    I'm not cynical I'm realistic :p

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  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Technically, it's your stuff now, not her stuff any more.

    Bl00dy loonies shouldn't be allowed to sell houses.

    If she's not shifted it by tomorrow, I suggest you hire your removals for any additional amount of money it takes, to shift her stuff into self storage... and then bill her through your solicitor for it not being "vacant possession".

    Her stuff will have to come out into the garden, your stuff into the house, her stuff into the van and away.
  • kazwookie
    kazwookie Posts: 14,170 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would put it outside and get on with life in your new home.

    If it is still there on Monday, order a skip, fill it, send the invoice plus one for your time to the solicitors.

    Or

    Charge the seller storage at £x per day

    Good luck in your new home
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  • caeler
    caeler Posts: 2,633 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Photogenic
    So does that mean she has kept a key??
  • starnac
    starnac Posts: 5,946 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Our stuff is currently in storage so we know the costs of that. We have already told her solicitor that if we can't move our stuff tomorrow then she can pay the cost of our van hire and extra storage costs. Both DH and I have taken time off work to move tomorrow and now I can't see that happening. I know I need to speak to our solicitor in the morning but at this moment that seems forever away
    Goals for February
    Declutter 2/50
    Money Made £0/£200
    Overpayments £0/£200
  • starnac
    starnac Posts: 5,946 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    So does that mean she has kept a key??

    yes she must still have a key
    Goals for February
    Declutter 2/50
    Money Made £0/£200
    Overpayments £0/£200
  • caeler
    caeler Posts: 2,633 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Photogenic
    I can't imagine how you must be feeling right now, your post seems terribly calm. I'm not sure I'd want the previous owner thinking they can enter whenever they like. I agree with the other advice you've had about charging costs but how do you put a value on not being able to move immediately into your new home? Imagine if you'd turned up with all your property in the van immediately after completion like most people do?

    I personally like the skip suggestion but I'm probably not being very constructive if I suggest you order one for tomorrow and move property left into it.
  • Barneysmom
    Barneysmom Posts: 10,133 Ambassador
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    You know you're just not hard enough to charge her or chuck her stuff on the street, or keep it.
    So in true Brit style you'll grit your teeth and try to work round it.

    I hope it all works out for you, you really will laugh about it later.

    When we bought this house, the seller left his dog and rabbit in the garden, he came back later very embarassed as he'd forgotten them :) xx
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