Vendors' Rubbish still in our garden

Elle_Woods

Hi all,

I'm worried I may come across as petty but I am looking for advice. (I am in England- I know it may help to know this when giving advice).

We completed on our new home on 14 September. Our vendors were still packing and moving out at 9:30pm despite the sale going through at 11:30am and their purchase happening at c.3:00pm. We agreed to come over late at night (about 10pm) to pick up the keys to enable them to move out (not sure what else we could have done).

The vendors told us when we viewed the house that the rubbish in the back of the garden would be removed before completion. They also ticked the box on the fixtures and fittings form to say that all rubbish would be removed from the property.

When we arrived at c.10pm on completion day, the vendor apologised and told us that there was still some rubbish in the garden. They had added to it with the moving out so there was more than when we came to view it in May. The vendor promised to come and collect the rubbish the next day and take it to the tip.

The next day my parents were at the house (helping with cleaning and being generally lovely and helpful) and the vendor did not come. The vendor eventually came the day after that and removed some, but not all of the rubbish.

Since then we have been sending messages to the vendor to ask when they will come to collect the rest. The replies had all been apologetic and promising to come and do it on X date, then Y date. Until the last two weeks. We have sent 2 messages asking for a firm date to get the rubbish removed. In the second we suggested that as they were very busy we could arrange for a professional removal and send them the bill (I knew that this could easily come off badly and thought very carefully about the wording before we sent the message). No response to either of these messages.

The vendors have chosen not to pay to have their post redirected because they have moved on the same estate. We have been receiving their (relatively important looking) post and passing it all on (mostly by dropping it through their letterbox because we work until late and don't want to disturb the family). Therefore, the vendors do need us to cooperate with them.

I'd just like advice on how to proceed. I really don't want to remove the rubbish ourselves because it has been sitting out in the rain for weeks now. I would rather avoid paying for someone to remove it. Some of it is fairly big like old bicycles.

I know that many people have to remove rubbish from houses they have bought (indeed we have already removed large items left inside the house) and that this may be seen as par for the course but they assured us on many occasions that they would move it themselves. Had they told us up front that they would not remove it I think we would have done it ourselves before it got so wet, disgusting and starting growing new things!

Thank you in advance.

lee111s

Have you contacted your solicitor? They should be able to contact the vendors solicitor who in turn will advise the vendor.


Or if they live on the estate, knock on the door and have a conversation like the good ol' days.

Personally I'd have just removed it myself after the first week if it wasn't gone.

anna42hmr

Personally i would just get it moved myself, take it to the tip in the back of a car and van and be done with it as i couldn't be bothered with the hassle of pursuing them further with false promise (and potential solicitors costs pursuing them further).

That said i certainly would not be making life as easy as you are on post front by returning the post (which by delivering it yourself you are effectively their personal and fee mail redirection service - how long realistically are you happy to do this for). If i were you would either (1) just batch up the post and send it back to the senders by marking each envelope return to sender not known at this address and take it in one go every couple of weeks so i don't have to go back and forth to the post box. or (2). Just hold onto the post stick it in the hall way and wait for them to decide to knock the door to see if they have any post for them there. This will then prompt them into having to deal with their post and possibly giving you the chance to raise the issue with the rubbish if you have not got rid of it by then.

fairy_lights

Can you take rubbish to your local tip for free or do they charge?
As they live on the same estate I'd be tempted to dump it all in their new front garden.

Elle_Woods

lee111s: No, we haven't yet for two reasons:

1. Both parties used terrible online conveyancers (I have learned my lesson and wish I had visited this forum before making that choice!)
2. We hoped to stay on good terms because they still live nearby.

anna42hmr: Thank you. You're probably right. I was just hoping to avoid risking getting the car dirty or paying someone. Forgot to add that the local tip is closed for refurbishment so we'd have to make several long trips. (I can understand why the vendors don't want to do it!)

HiToAll

Well, if they havent collected it by now I would be saying 'post arrived for you, what post??'

Elle_Woods

fairy lights: I'm afraid that the local tip is closed for refurb and it's quite a drive to the next. No actual charge for taking it there but time, petrol, (and the ick factor of having to move it now that it's festered).

Thank you for giving me a laugh though! I too am tempted but my better half is far too conciliatory to agree.

TBagpuss

Get a quote for removing it. Then wrote to the vendors and give them a hard deadline to remove it, stating that if they do not do so, you will arrange for it to be removed t their expense and that you anticipate the cost to be approximately [figure you have been quoted]
State in the letter that you are unable to agree any further delays bearing in mind that they gave you assurances that the rubbish would be cleared by 15th September. I would suggest giving them perhaps 14 or 21 days from the date of your letter.

You could also say that while you have no objections ti forwarding the occasional piece of mail which slips through re-direction you are not willing to deal with all their mail and that therefore from the same date you will be returning any mail to sender, and you recommend that they notify their correspondents of their new address and/or arrange for redirection via Royal Mail.

TBagpuss

As you know where they are now living if you do end up having to pay for the junk to be removed you can pursue them via the small claims court to recover the cost. Keep copies of their messages stating that they will remove it, the details on the property information form and your letter giving them a deadline.

Elle_Woods

Thanks TBagpuss. I naively hoped we could deal with it the friendly way but at this stage, your advice is really helpful

Grenage

I'd file their post, and just clear the garden.

The loft of our old house was rammed full of stuff, but the day spent going back and forth to the tip was less hassle than trying to get the previous owner involved.

The previous owner died about a year later, so this has taught me three things.

1) Karma is not merciful.
2) I'm never leaving a loft full of stuff when I move home.
3) Old people die.