Nightmare purchase

popjoc

Looking for some advice please. We completed on the purchase of our new home last Friday, 21st August and that's when the nightmare really started.

The purchase was completed around 12 noon, and our solicitor told us to pick keys up from estate agents about an hour later. When we went to collect keys, the estate agent said we were to get keys directly from the vendor and gave us her number to call her. When we rang her she said she would be finished by 4 so we thought that was reasonable.

To cut a long story short, this is what happened

1. It was after 9pm before she left the house and gave us keys
2. The house was still full f furniture that we didn't want.
3. The floors and walls were destroyed by what they moved out
4. Cabinets were full of medicines in the bathrooms
5. There was food left in cupboards and her freezer, which we did not want
6. Her dressing gown and nightdress was still hanging on back of bathroom door
7. Some post that came before we completed was opened by her

We have asked our solicitor for advice, but it seems that the law favours the vendor, even though we were the injured party here. We have been told that if we try to get rid of the stuff she left behind, she can take us to court, is this right? We still can't move some of our stuff into rooms and it has been a nightmare.

Can anyone give some advice as to what to do next, as we feel she was in breach of contract for not giving vacant possession. Any advice greatly appreciated.

silvercar

seems that the law favours the vendor, even though we were the injured party here. We have been told that if we try to get rid of the stuff she left behind, she can take us to court, is this right?

You could take her to court, you would be asking the court to award you the costs of removing the items and disposing. A letter before action may have greater effect.

pinkteapot

I'd keep pushing the solicitor, or get a new (better) one if they seem lost. Ask them about this:

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

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.

Ask your solicitor if you can write a letter (not email). If you don't have their address, send it to their solicitor and ask them to forward to their client. List (if possible) what was left and say that they must collect by X date (give them 2 weeks say?) or the items will be disposed of.

You could be cheeky and say the bill for the skip will be forwarded to them, but probably not a good idea.

Sorry you've had this nightmare - most house moves do go more smoothly.

EDIT - the page below is about landlords and tenants leaving belongings behind, but the process required is the same as suggested in the article above, so I suspect the same legislation (Torts (Interference with Goods) Act) applies. However, I'm NOT a lawyer so ask your solicitor.

http://www.which.co.uk/consumer-rights/problem/my-tenant-has-left-some-items-behind-after-the-end-of-their-tenure

popjoc

Thanks for the replies. Does it make a difference when she has labelled all the stuff as staying. Each item, apart from food and medicine, has a label saying "STAYING"

fairy_lights

Surely everything left in the house after you've completed would be regarded as part of the house, and belonging to you now to dispose of as you see fit?

moneyistooshorttomention

I'd go with giving her official notification to collect her goods in writing (copy kept etc etc). Deadline - well not more than a week - as its your house now and she shouldn't be occupying your space with her possessions. She sounds a supremely disorganised person and I would imagine such a muddler would be most unlikely to "get their act together" enough to take matters any further if she wanted to.

In that letter I would tell her that I would be disposing of any of her possessions still remaining in my house as at 12 noon, the day after deadline.

EDIT; I'd be taking photos of the damage she had done to my house to cover myself for the fact that the letter would include "...and I will be selling any of your furniture still left in my house at that point to help defray costs of remedying the damage you did on moving out AFTER Completion" or words to that effect.

pinkteapot

popjoc wrote: »

Thanks for the replies. Does it make a difference when she has labelled all the stuff as staying. Each item, apart from food and medicine, has a label saying "STAYING"

"Staying" implies she deliberately left it behind. :eek: Which would surely put her in breach of contract (re vacant possession).

However... in reality you'll have cost and stress to pursue her and may not recover your disposal costs.

I would still write the letter giving her a deadline to collect or everything will be disposed of, even re things that say 'staying', just to be on the safe side.

Your solicitor can help if you do then want to pursue her for costs (skip can be best part of a couple of hundred quid if you need a big one) but, as I said, whether it's worth it or whether you just move on is up to you.

Chanes

I can understand your anger, we were left to move into a house that was filthy with junk in the loft. I was tempted to have it delivered and dropped onto the previous owners drive. However, in the round, it boils down to wanting to vent anger at how things were left in something you'd been looking forward to moving in to. It wrecks the moving day and leaves you with more issues you had not considered. It left me thinking some people are absolute ............ We dumped everything they left and moved on with life, it's too short to waste on tosspots.

G_M

If writing, I would add that if the items are not collected by xx date, not only will you dispose of them but you'll forward the bill (for skip and/or house clearance service) to her.

sniggings

popjoc wrote: »

Thanks for the replies. Does it make a difference when she has labelled all the stuff as staying. Each item, apart from food and medicine, has a label saying "STAYING"

:rotfl: sorry but that is funny.

Davesnave

sniggings wrote: »

:rotfl: sorry but that is funny.

I am still giggling at, "3. The floors and walls were destroyed by what they moved out."

Overstatement for dramatic effect, or factual? You decide.

I think it's like the thread title.