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Vendor illegally entered property after completion?

icantbelieveitsnotbutter_2
Posts: 25 Forumite

Hi All, hoping you can help please?
I have just bought a property, which completed on Friday morning. I was working on the Friday so didn't go to collect the keys until later in the day, I popped round to the house to make sure all was well and I was happy that it was. The seller had left a couple items of furniture, which although not formally part of the sale, assumed that they couldn't be bothered to take on and a bonus if I wanted them myself. For info the seller wasn't living there, it was previously let out but he had no tenants for a while prior me buying it, so sold as vacant possession. I am currently renting and I'm on my last week now.
I was also working Saturday, so didn't go round the property until Sunday to spend a full day there. To my shock the items of furniture left had since disappeared! This means the seller has since entered the property, long after completion, presumably having retained a set of keys?! There was no sign of forced entry, so not a burglary, and not the typical items that would be stolen...
To me this is outrageous and must be illegal? The items were of modest value, but either way, still theft too, as from completion I own the property and its contents? I've since had to get the locks changed at my expense so nothing I put in the property walks either...
Where do I stand legally?
I have just bought a property, which completed on Friday morning. I was working on the Friday so didn't go to collect the keys until later in the day, I popped round to the house to make sure all was well and I was happy that it was. The seller had left a couple items of furniture, which although not formally part of the sale, assumed that they couldn't be bothered to take on and a bonus if I wanted them myself. For info the seller wasn't living there, it was previously let out but he had no tenants for a while prior me buying it, so sold as vacant possession. I am currently renting and I'm on my last week now.
I was also working Saturday, so didn't go round the property until Sunday to spend a full day there. To my shock the items of furniture left had since disappeared! This means the seller has since entered the property, long after completion, presumably having retained a set of keys?! There was no sign of forced entry, so not a burglary, and not the typical items that would be stolen...
To me this is outrageous and must be illegal? The items were of modest value, but either way, still theft too, as from completion I own the property and its contents? I've since had to get the locks changed at my expense so nothing I put in the property walks either...
Where do I stand legally?
0
Comments
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Regarding the locks, it is something you should ALWAYS do when purchasing. Our vendor was in his late 80s and we still changed the locks.
The stuff was indeed technically yours after completion, but proving it will he hard. Do you have photographic evidence it was there?? i presume it wasnt listed on the inventory.
The best thing to do is just move on and enjoy your property.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
icantbelieveitsnotbutter wrote: »I've since had to get the locks changed at my expense so nothing I put in the property walks either...
Where do I stand legally?
I'd have changed the locks immediately as the first priority.
Legally. What outcome would you like?0 -
We're the items listed on the form as being part of the sale?
Indeed it is cheeky to enter wohout consent after completion.
The locks I would always change from day 1 even if empty.0 -
Report theft to Police: Get crime reference number. Expect to have to argue to get it.
Inform your insurers:
Clearly you do not KNOW who "did it", although you have suspicions (i.e. don't make firm accusations you are unable to prove: It could have been his grandson/handy-man who'd misunderstood dates..).0 -
Thrugelmir wrote: »I'd have changed the locks immediately as the first priority.
Legally. What outcome would you like?
Indeed:T
I can understand your anger and I would be too - more about the intrusion into my home than the furniture itself vanishing. That would feel really awful to know I had had an intruder snooping around in my home (and the fact it used to belong to the vendor is irrelevant - intrusion is intrusion).
This is why so many of us (including myself) say to get the locks changed when buying a new property - because you never know who might have retained the keys and whether they might decide to (ab)use them.
I had the locks changed literally within the hour of moving into my recently-bought house (partly because I'd summed up the vendor at first sight as a "Right little wotname" and have steadily been proved more correct ever since).
It does make sense to change locks pronto.
But, as stated - then what outcome do you want - apart from the understandable one wanting to give the vendor a well-deserved piece of your mind?0 -
Did you really want someone's old furniture?0
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You contracted to buy the house with vacant possession such that the vendor agreed to remove all items not included in the sale. The fact they failed to remove some items doesn't mean they are yours, they are still the vendors and the vendor is entitled to be given the opportunity to collect them. Only if they fail to do so given due notice can you claim the items as your own.0
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I would have thought it's more a case of trespass but you wouldn't be able to prove who it was so it's not worth pursuing.0
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I am wondering what the exact wording is legally re whether property left in the house is presumed to belong to the new owner?
Obviously too - the question is whether these items of furniture were listed as things that were going to be sold with the house.
My suspicion is that the vendor will be able to get away with this - but in OP's position then I would want to know the legal wording for sure as to whether those bits of furniture were legally mine or no (as they had been left after Completion).
The thing is that OP wont be able to prove the furniture is his - unless its listed in writing as part of what will be left. Then there would be the problem of proving that the break-in was done so easily because it was the vendor using keys to achieve the break-in. Then there would be the problem of proving that it was the vendor themselves that (ab)used having a set of keys still - or whether someone else had had the keys from him and they were the ones who stole the furniture.
Its very clear what has happened - but proving it would likely be impossible. I think the best OP can do is to try to calm himself down as much as possible and then contact the vendor and explain that they knew the furniture was still in the house at completion (cite that visit there in which it was seen) and requesting return of it by a deadline (of, say, a week).
If the vendor refuses to return the furniture - then offer to sell it to them. If that doesn't work - then...yep....give appropriate piece of mind to them for theft.0
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