Problems on completion - warning to others...

RabbitMad

If this were me I would attempt to make this a criminal matter rather than a civil one.

Report him to the police for one or all of the following:- theft, criminal damage, working on a gas appliance and not being CORGI registered, and attempted murder (i.e the vendor deliberatle left the gas leaking in an attempt to kill you).

May sound excessive but the police probably won't be interested otherwise.

Then try to claim on your insurance providing the crime number.

You could also call the Health and Safety Executive Gas Safety advice line on 0800 300 363 to see if they can take action against him.

jamief

I think attempted murder is a bit excessive, but I would also report it to the police. If the property wasn't legally his at this point, he was trespassing, causing criminal damage, and removing YOUR cooker was theft.

rjm2k1

talksalot81 wrote:

Surely if the contract is breached it becomes null and void?

Great idea, so for the sake of a gas cooker, they lose the house?

Assuming there was nothing in writing saying he was taking the cooker, report it as theft to the police and claim on your insurance. I doubt that him possessing keys means an awful lot, since he presumably didn't have permission to take the cooker.

talksalot81

rjm2k1 wrote:

Great idea, so for the sake of a gas cooker, they lose the house?

Have you never played poker!?

Chances are that the seller can less afford a problem than the buyer (e.g. he has the money tied up in another property).

tomstickland

TBH in practical terms I'd just buy another cooker and fit it.
As a matter of principle I'd look at legal action. But that depends on how competetively priced the house was. If it was a bargain then I'd not be so bothered. If it was full market price then I'd be hopping mad.

RHemmings

tomstickland wrote:

TBH in practical terms I'd just buy another cooker and fit it.
As a matter of principle I'd look at legal action. But that depends on how competetively priced the house was. If it was a bargain then I'd not be so bothered. If it was full market price then I'd be hopping mad.

I once read of someone who took up one of these "you have won a holiday" things. Of course, he didn't receive his holiday. After no response, he sent a letter, saying that unless he received his holiday within 7 days, he would go ahead and book a holiday, and charge the company for it. He got no response, went on holiday, and sued. And won. And got his money too!

In the situation described, would this be a strategy for the OP. Send a letter demanding that things be put right within N days. When nothing happens, go ahead and fix it, and then sue for the money. Then there isn't a time period where they have no cooker.

rjm2k1

talksalot81 wrote:

Have you never played poker!?

Chances are that the seller can less afford a problem than the buyer (e.g. he has the money tied up in another property).

But the house sale has completed, to try and undo it on the basis of a breach of contract would be madness!

talksalot81

rjm2k1 wrote:

But the house sale has completed, to try and undo it on the basis of a breach of contract would be madness!

Yeah it would be madness, but I never said to actually do it. All you have to do is make the seller believe you would.... i.e. a bluff

LouiseK_2

Thanks to everyone for their interest.

As a way of an update, our solicitor has written to the other side's solicitors accusing the vendors of 'conversion' or something, giving them until Friday to bring back the cooker and install it, etc. as well as covering our additional legal fees.

Now for another fraught 48 hours and microwave meals....

WestonDave

Please make sure that whoever turns up with the cooker - presumably to install it, shows a valid CORGI card before you let them in - otherwise you may have a nice looking cooker that is just as much of a death trap as when you moved in!