What to do...after completion

kayfaz

I completed the purchase of a flat just under 2 weeks ago.

Collected the front door keys from EA and was told the keys to double glazing windows was left in the property along with the parking permit. When I went to the property the parking permit wasn't there, there was a set of keys, but wrong ones and definitely not for the double glazing.

I went back to the EA to tell them this, they spoke to the vendor and vendor was adamant they were the correct keys. I showed them the keys that were left and EA agreed they were the wrong keys. At this point EA said "this is beyond our scope and get in touch with your solicitor".

I spoke to my solicitor and he raised this with the vendors solicitor, which she agreed to look into, but in the meantime they had forgotten to charge me for a water bill that the vendor had paid in advance and want me to pay £220 for this water.

I am happy to re-imburse them for the water bill (The water is paid to the management company, not water supplier) However am I in my rights to withold that payment until the issue with the keys is resolved?

Bart1

Yes you are.

eddddy

Assuming the vendor answered 'yes' to this question on the sellers property information form:

14.4 Will the seller ensure that:
(d) keys to all windows and doors and details of alarm codes will be left at the property or with the estate agent?

The seller is in breach of contract. (So you are right to be annoyed, and if the keys don't turn up, you can claim the cost of new locks etc from the seller.)


On the other hand, did you ever agree to pay the water bill before exchange of contracts? If not, you do not have to pay it.

But if you do decide to pay it as a gesture of goodwill - obviously, you can withhold payment until the keys are sorted (or for any other reason you like).

kayfaz

eddddy wrote: »

Assuming the vendor answered 'yes' to this question on the sellers property information form:



The seller is in breach of contract. (So you are right to be annoyed, and if the keys don't turn up, you can claim the cost of new locks etc from the seller.)


On the other hand, did you ever agree to pay the water bill before exchange of contracts? If not, you do not have to pay it.

But if you do decide to pay it as a gesture of goodwill - obviously, you can withhold payment until the keys are sorted (or for any other reason you like).

Yes they did answer yes to the question above and there is no mention of the water bill anywhere in the contract, it wasn't even mentioned verbally. However as a gesture of goodwill I am happy to pay that because other than the issue with the keys and parking permit everything else is in pretty good condition, left the place nice, clean and empty and gave me no hassle during the process.

I'll go back to my solicitor to say I cannot make any payments for anything until the issue with the keys are sorted. I am happy to pay my solicitor the water bill and ask him to hold the money until the issue with the keys are sorted.

Thanks for your help

Hoploz

I would put it so it looks as though you're withholding payment with a view to using some or all of this money to get replacement locks, rather than making it sound like it is out of petty revenge!

drdpj

Just with the water bill - if it's metered, then they'll be reimbursed by the water company (and you give your initial reading), if it's on the rates, then they'll be refunded when they confirm the date they left the property and you confirm the date you moved in. I don't quite understand why that's even coming up?!

d.