If furniture is still in on completion day...

quatro

The vendors of the house I am completing on and moving into on 27th [Wednesday] have had 3 months to clear the house of furniture. [And indeed have had to pay 3 months council tax for the privilege]. The vendors father has gone into a home and furniture isn't needed.

Its still there.
In the scenario that I arrive there with my furniture etc and it still isn't cleared - what happens?
Can my removal man take it [to charity shop/tip for eg.] and send the bill to the vendors, or the estate agent or to vendors solicitor?

If removal man refuses to shift it and house clearance people cant take it that day - what I am legally entitled to do with it all? I'm female in my 60's so can't shift it myself.

It may not come to that but I've a funny feeling it might and want to know where I stand. Thanks.

G_M

In the vast majority of moves, the vendor moves out in the morning (to their new home) and the buyer moves in in the afternoon. It's always hectic and there's sometimes overlap (removal van waiting outside for the vendors to depart) so a bit of give and take is needed.

However, in worst case scenario - no, you cannot take the vendors stuff to the tip or charity shop. You have a duty of care.

However, they are in breach of contract by not vacating the property on Completion, so you can certainly charge them any costs you incur.

My advice, if the removal company have the time/manpower on the day, would be to get them to remove it into storage (most removal firms either have storage facilities, or arrangements they use), and bill the vendor for the costs.

asharon

ask your solicitor to talk to theirs and find out when it will be cleared.

Alter_ego

G_M wrote: »

However, they are in breach of contract by not vacating the property on Completion, so you can certainly charge them any costs you incur.

My advice, if the removal company have the time/manpower on the day, would be to get them to remove it into storage (most removal firms either have storage facilities, or arrangements they use), and bill the vendor for the costs.

That's fine until you try to get the vendor to pay you back for the bills you have to pay because the storage contract will be with you.

latecomer

asharon wrote: »

ask your solicitor to talk to theirs and find out when it will be cleared.

+1

If it the items are not stated as being part of the sale then the seller is responsbile for removing them.

Best get it sorted in advance and if the house is empty there is no reason for it not being cleared before the move in date.

hcb42

latecomer wrote: »

Best get it sorted in advance and if the house is empty there is no reason for it not being cleared [STRIKE]before [/STRIKE]on the move in date.

Fixed that up

They only have to clear it on completion date. Not before, it is still their house.

cajef

We had a problem with furniture in a property we bought, it was a deceased estate and the house was not cleared on completion day, we immediately contacted the vendors estate agents and they arranged for removal of the furniture within half and hour.

G_M

Alter_ego wrote: »

That's fine until you try to get the vendor to pay you back for the bills you have to pay because the storage contract will be with you.

I'm not saying it's ideal, easy, or even fair - just that there is a legal duty of care and disposing of the furniture would be theft (intent to permenantly deprive the rightful owner), so the next best thing is to get it out of the property (so you can live there!) and chage the vendor for the associated costs.

But hopefully it won't come to that and as others have said, getting it sorted in advance is preferable!

madmish00

I'm not saying it's ideal, easy, or even fair - just that there is a legal duty of care and disposing of the furniture would be theft

I'm not saying that the above is wrong but I am curious on this one as I struggle from a legal point of view to follow it.

As far as theft (criminal matter) goes my understanding is that it is the 'dishonest appropriation of goods belonging to another with the intention to permanently deprive'. I can understand the permanent deprivation but I struggle to see how one could prove dishonest appropriation. Therefore there is no mens rea for the offence of theft.

Similarly how does one acquire a legal duty of care (civil matter) over another person's belongings when the owner is effectively 'trepassing' on your property by leaving their belongings there without the property owner's consent?

G_M

Without spending ages trawling for direct sources, I'd refer you to Landlordzone here. Not precisely the same scenario, but I imagine legally comparable. Of course I'm not a lawyer so.....

dkmax_2

quatro wrote: »

If removal man refuses to shift it and house clearance people cant take it that day - what I am legally entitled to do with it all?

Make a list of anything left behind (other than specified items & fixtures!) and inform the seller that you will regard the items as abandoned after, say, two weeks at which point you will assume ownership and dispose of them as you see fit.

Your solicitor should advise you.