Vendor wants their stuff back!

Foggster

The law is subtle when it comes to housebuyers picking up unexpected bonuses with their purchase. If a vendor leaves behind a treasure chest which was clearly not intended to be included in the sale, you cannot simply claim it: you have a duty to write and inform the vendor that he has left it behind and invite him to claim it by a certain date; if he fails to meet the deadline, the property becomes yours.

But it goes on to say

Sadly, for most homebuyers, items left behind by the previous owner are rarely wanted: mangy old bed ends, for instance, which the removal men couldn't manoeuvre through the door, or piles of rubble which were never removed after building works. If you inspect the property prior to completion and find it full of rubbish you can refuse to complete the purchase until the offending items are removed; if however, like most people, you are too busy clearing out your old house to visit the new one just before completion, then you are deemed to be the legitimate new owner of that rusty old bicycle in the shed or those sheets of corrugated asbestos in the garage.

http://www.telegraph.co.uk/property/4809706/Look-what-they-left-behind.html

As a side note - you yourself titled your post as Vendor wants their stuff back!I think you know what to do.

googler

Do contracts in E&W contain something similar to the following, which is standard fare in Scotland;


The Property is sold with:

(a) all heritable fittings and fixtures;
(b) all items of whatever nature fixed or fitted to the Property the removal of which would materially
damage the fabric or decoration of the Property;
(c) all items stated to be included in the sales particulars or advertisements made available to the Purchaser; and
(d) the following insofar as any were in the Property when viewed by the Purchaser: garden shed or hut, greenhouse, .....(etc. etc. through to - ) secondary glazing; shelving, fireplace surround units, fire grates, fenders and associated ironmongery.

The Seller warrants that at the date of settlement all items included in the Price are owned by the Seller, are or will be free of all debt, and are not the subject of any litigation.

The Seller undertakes that the Property will be left in a clean and tidy condition at settlement.


From

http://www.lawscot.org.uk/media/3516/Combined_Standard_Clauses.pdf

dodger1

poppysarah wrote: »

Faced with a post that said "the vendor has left 4 tons of rubbish in my house. I have tried contacting them but they have not responded. What do i do with the rubbish? Can I just throw it away?"

What would your response be?

Obviously this is completely different to someone forgeting a few personal items, also the OP did not try to get in touch with the previous tenant or owner as most decent moral people would. However, in your example once you have contacted them and given them time to get rid of the offending material (you'd need legal advice on the length of time) you can dispose of the rubbish and charge them your costs.

withabix

When I bought my current house 9 years ago, it had a Tenant in immediately prior to Completion.

My Conditions attached to the purchase included:

1) That the Tenant's deposit was used where necessary to leave the house in the condition required by his Tenancy, as if the property was to be re-let (cleaned top-to-bottom, shampooed carpets, all possessions and furniture removed) prior to Completion.

2) Any furniture or possessions left in the property upon Completion were to be disposed of at the seller's cost (or that of his tenant, at their choice) and the seller or their Solicitor were to arrange this.

Item 1 was complied with apart from various items of furniture and possessions.

Item 2 was therefore enacted.

The ex-TENANT knocked on my door 2 MONTHS LATER asking for his furniture and possessions!!!! He 'assumed' that I would have looked after them in my garage for him!!!!

Cheeky b*****d!

Luckily I had the foresight to ensure that the disposal of his cr*p was arranged by the seller and their Solicitor, thus absolving me of any involvement or responsibility!

lilab_2

I once left behind a clock on the kitchen window when I moved out. I left it because the purchasers were parked outside my house long BEFORE completion had taken place. They moved straight into the spot where the removal van was when it moved on, to stake their claim and put huge pressure on me to shift myself out, even though I hadn't delivered the keys to the estate agent. Under the pressure I felt obliged to sweep and clean the house before I left and I left the clock. It wasn't expensive £25, but it had huge sentimental value to me. Would the buyers give it back. Not on your Nelly. I thought it was mean and uncaring of them. So please give the items back.

pinkshoes

If they were nightmare vendors, I'd either tell them you had the attic cleared out along with all the other junk/furniture they left (and also mention the used condoms!!) so it's now empty, or tell them they can have the contents once they've reimbursed you for your costs at having to empty the house which should have been vacant upon completion!

Ulfar

I am with the OP on this, upon moving into my current house there was a ton of crap left in the loft.

I disposed of it the same weekend. They did get a right ear bending when they tried to let themselves in with the spare key the day after completion. I had had the locks changed upon completion.

Apparently they were expecting some important post. I advised that all post received would be returned to sender and that they could arrange a redirection at the post office. I also took the spare keys.

Tinkaf1

lilab wrote: »

I once left behind a clock on the kitchen window when I moved out. I left it because the purchasers were parked outside my house long BEFORE completion had taken place. They moved straight into the spot where the removal van was when it moved on, to stake their claim and put huge pressure on me to shift myself out, even though I hadn't delivered the keys to the estate agent. Under the pressure I felt obliged to sweep and clean the house before I left and I left the clock. It wasn't expensive £25, but it had huge sentimental value to me. Would the buyers give it back. Not on your Nelly. I thought it was mean and uncaring of them. So please give the items back.

I would have left it 6 months and then dropped a huge amount of dog turd (weighing 25lb for irony) through the letter box. :T

paul1964_2

So the OP is expected to clean up and dispose of the junk thoughtlessly discarded by the previous occupant, but has a moral duty to keep safe and return any good stuff?

OP: Work out how long it took you to get the property into the vacant state that it should have been left by the vendor. Calculate a cost (around £10-£15 per hour + any other expenses sounds about right) and request payment. If they don't pay up, I see no reason (moral or otherwise) why you should give them the good stuff back.

Ulfar

Sorry but morally I think they are in the wrong, contractually they had a responsibility to hand the property over ready for the OP to occupy.

I don't consider someone leaving a load of stuff in a loft and then coming back at a later date acceptable. Where does it end, can you look after our dog/cat while we get moved in and we will pick them up in a month. How about can we come round and enjoy our old garden as we don't have one at our new place.

As I said previously I have been in this situation and I binned all the stuff from the loft which cost me time and money.