Waste left behind after completion - Can I charge a storage fee?

Lemony74

I completed a few days ago and a large amount of waste has been left behind, at least 8x oil drum sized canisters full of whatever substance is inside them.
The vendors/vendors solicitor will be getting it removed and have now emailed me to confirm this, but am I allowed to charge a fee for storage and my inconvenience?

Thanks

princeofpounds

google 'bailment', which is the relevant area of law.

Though frankly if it's removed quickly I wouldn't bother.

bap98189

No, but if they are not removed by the vendor, you will be able to sue for the cost of disposing of them, which could be considerable if you don't know the contents.

Contact your solicitor. They will be able to advise you how best to proceed. Most likely they will write to the vendor's solicitor and request that the sellers remove the items immediately, and that if they fail to do so, you will arrange disposal of the items and look to recoup the costs from them.

JimmyTheWig

Theoretically yes.
But what is it actually costing you?
When are they coming to pick them up?

Are you more interested in making money out of this or getting them gone?
If the answer is getting them gone then I would be tempted to tell them that if they are not removed when they have said they will be that you will start to investigate charging storage fees.

The reality is that the few pounds you would be able to charge is unlikely to make it worthwhile.

jjlandlord

There are also in breach of contract as they failed to deliver vacant possession upon completion.

G_M

But what is the loss?

Now if you paid someone to collect the drums, and store them for you, you could charge the vendor he cost of transport and storage.

But if you store them, at zero cost, on your property.........

jjlandlord

There is a loss since OP cannot freely use all of his property.

According to the Standards Condition of Sale, OP could also have refused to complete since the seller was had not vacated the property. The seller would have been in default and would have had to pay compensation.

JimmyTheWig

jjlandlord wrote: »

There is a loss since OP cannot freely use all of his property.

Correct. But what is that costing?

According to the Standards Condition of Sale, OP could also have refused to complete since the seller was had not vacated the property. The seller would have been in default and would have had to pay compensation.

Could have.
But didn't.
So no loss.

jjlandlord

JimmyTheWig wrote: »

Correct. But what is that costing?
...
So no loss.

Loss of use is a loss, though probably not highly valued unless creating a major issue.
Arguably they are also trespassing and thus liable for punitive damage.

Now, most people don't bother pursuing this, and certainly conveyancing solicitors won't do much since they are not paid for it, but that's another matter.

Here, one extra argument is that these drums may be a health and safety hazard.

G_M wrote: »

Now if you paid someone to collect the drums, and store them for you, you could charge the vendor he cost of transport and storage.

Not necessarily because you would have to minimise your loss. In most cases, doing what you suggest would probably look like an extravagant cost, again unless this was the only option.

Guest101

Are we talking a room full of stuff, or a few boxes?

I'm not saying either is ok, but it makes a difference. Losing use of a room in a 2/3 bed house is obviously a serious thing. But putting a couple boxes in the garage, less so.

LandyAndy

lemony74 wrote: »

i completed a few days ago and a large amount of waste has been left behind, at least 8x oil drum sized canisters full of whatever substance is inside them.
The vendors/vendors solicitor will be getting it removed and have now emailed me to confirm this, but am i allowed to charge a fee for storage and my inconvenience?

Thanks

guest101 wrote: »

are we talking a room full of stuff, or a few boxes?

i'm not saying either is ok, but it makes a difference. Losing use of a room in a 2/3 bed house is obviously a serious thing. But putting a couple boxes in the garage, less so.

. .