Fixtures and fittings form question

Woody69_2

I don't know where to start but here goes.

I am in the process of selling my house and buying a new one. On the fixtures and fittings form I completed there was a clause that all rubbish was to be removed and any damage from removal of fixtures and fittings to be made good. However on the form from my vendors there is no such clause so I asked my solicitor if they could sign something to that effect especially as they seem to be stripping the house, well not quite but they are taking the door bell, toilet roll holder, soap dish, picture hooks, stair rods and curtain poles!

I've just received a reply from my solicitor where they have confirmed they will be removing rubbish etc so do not wish the clause to be added to the contract. I don't want to make a fuss but am concerned as to why they would refuse to have it added or maybe it is their solicitor who does not want to add it. Mabe they think I'm making a big deal over nothing. Where would I stand if they did leave a load of junk? Is a letter good enough or does it have to be in the contract?

Does anyone know if this clause is usually added to the contract? I only asked in the first place as it was in mine.

Thanks Woody

Richard_Webster

Doesn't make much difference whether it is in the fixtures and fittings list or in a separate letter, it has the same legal validity.

The practicalities are important here. You have to distinguish between the existence of a legal duty and how you ensure/compel performance of it. See below!

If you can check the point while the seller is still moving out or before his solicitor has sent money on up any conveyancing chain then you may be able to do something if he hasn't done what he said he would do. Ring your solr straightaway if that happens!

If you get to the property after all the money has moved up and phone your solr at 4.30pm on a Friday afternoon there isn't a lot that can be done in practice. If you have to hire a skip and it costs you £100 then your solr may write with details of this to your seller's solr, and then the seller may or may not pay up. If he doesn't, you have the hassle of going to the smalll claims court (assuming you know where the seller is) and it generally isn't worth it!

As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients.

xela_17

The two FF forms I have seen both included that clause so I thought it was standard. Perhaps it's the solicitor that does not want to add it as they don't want more work for them. What does your own solicitor say about this?

olly300

Do you plan on redecorating as soon as you move in?

The only reason I can see they may not want the full clause added, is that removing curtain poles, soap dishes, etc leaves holes and they don't want to fix the holes.

Try and get a clause in stating they will remove rubbish. But to be honest by the number of threads here complaining about sellers leaving rubbish behind it's pot luck whether your sellers do this or not. And to enforce it which you will have to do via solicitors will give the solicitor more money in fees.