Can buyer sue me for taking curtain poles/curtains

ceminem

Recently sold a property and took everything. Apparently all fixtures was ticked as being left. Buyer is now kicking up a fuss and taking it legal.

I offered to give them back the poles but the curtains were mouldy so discarded. They kicked up a fuss saying they cannot let the place without curtains and its costing them money. They want the labour to put the poles back, it takes 5 mins as the wall plugs are still in.....

So they want to go through legals, won't this mean that the property will be unlettable for longer and in any case what she does with the property is none of my business so why did they even raise this as a point. Our issue is with the curtain poles and curtains.

Can they sue me for taking them? For context we are talking about TWO poles which cost less than £30 from Ikea!

I thought some goodwill had been built up as I helped her with post completion queries such as car parking, access doors etc which are downstairs. Something her solicitor or herself should have been able to point out from the plans.

I also left a free standing fridge freezer which did not form part of the fixtures list. Can I ask for this back?

steampowered

Call her bluff, she is not likely to issue a small claim over £30 poles.

I would have thought curtains are a fitting rather than a fixture anyway, so wouldn't have been included in the sale.

pimento

Why did you say you were leaving the curtains etc. and then take them?

ceminem

steampowered wrote: »

Call her bluff, she is not likely to issue a small claim over £30 poles.

I would have thought curtains are a fitting rather than a fixture anyway, so wouldn't have been included in the sale.

Apparently the curtains part is ticked on the form which I am waiting for a copy from my solicitor.

The fridge freezer is not included in the fittings list, so therefore I can ask for this back if they pursue the matter?

ceminem

pimento wrote: »

Why did you say you were leaving the curtains etc. and then take them?

Mistake from friends helping me clear flat, they were not to know.

Clutterfree

If you ticked the boxes to say you were leaving them, regardless of their condition you should have left them.

We bought last year and our seller said she was leaving all curtains but when we moved in, she had taken the lounge curtains. It was a pain because if we'd have known she was taking them we'd have measured up for replacements instead of having to have sheets and blankets up at the windows for privacy for a couple of weeks.
We could have made a fuss but we got the house at a good price so didn't bother.

Your buyer is entitled to ask for the items you said you were leaving and could pursue the matter legally for compensation.

IveSeenTheLight

ceminem wrote: »

Recently sold a property and took everything. Apparently all fixtures was ticked as being left. Buyer is now kicking up a fuss and taking it legal.

I offered to give them back the poles but the curtains were mouldy so discarded. They kicked up a fuss saying they cannot let the place without curtains and its costing them money. They want the labour to put the poles back, it takes 5 mins as the wall plugs are still in.....

So they want to go through legals, won't this mean that the property will be unlettable for longer and in any case what she does with the property is none of my business so why did they even raise this as a point. Our issue is with the curtain poles and curtains.

Can they sue me for taking them? For context we are talking about TWO poles which cost less than £30 from Ikea!

I thought some goodwill had been built up as I helped her with post completion queries such as car parking, access doors etc which are downstairs. Something her solicitor or herself should have been able to point out from the plans.

I also left a free standing fridge freezer which did not form part of the fixtures list. Can I ask for this back?

Typically, if you can remove window coverings by sliding them off a rod such as curtains or drapes, those window coverings are not considered a fixture. However, curtain rods, blinds, and window shades are fixtures.

As you've offered to return the fixtures debated, they would not get anywhere in a small claims court

eggha

if you want to start playing tit for tat games then she can sue you for the costs of disposing of the fridge freezer which were not included in the sale fixtures and fittings list...

tread carefully when trying to escalate things

ceminem

They want the poles back with the curtains which were thrown away as they were mouldy. She also wants the labour to fit them! Its a 5 min job to put the brackets on....

I've offered to give her the poles, am I obliged to do anything else?

moneyistooshorttomention

From memory - and I'm trying to recall/think it was the case that the tick to say all fixtures left would have been on the legal questionnaire - which the vendor fills in. In other words - I think you would have been the one that put that tick there?

Even if it wasn't you that ticked that box - they'd been told in writing that they'd have them - so those curtain poles should have been left.

In your position - I'd go and leave the curtain poles back at the house and even offer to put them back up again yourselves (assuming you're not as bad at DIY as I am personally). So - I'd put them right by the front door with a note attached making the offer that you would come and put those poles back up again.

Then - they have the fixtures back again (ie the bit that wouldnt "fall out if the house was literally tipped upside down"). As for the curtains - if you still have them then leave them there too. If you don't still have them - then put a line in that note saying they were literally mouldy and hence needed throwing out and you have thrown them out.

I doubt they'd chase you for a cheap couple of pairs of curtains.

ceminem

moneyistooshorttomention wrote: »

From memory - and I'm trying to recall/think it was the case that the tick to say all fixtures left would have been on the legal questionnaire - which the vendor fills in. In other words - I think you would have been the one that put that tick there?

Even if it wasn't you that ticked that box - they'd been told in writing that they'd have them - so those curtain poles should have been left.

In your position - I'd go and leave the curtain poles back at the house and even offer to put them back up again yourselves (assuming you're not as bad at DIY as I am personally). So - I'd put them right by the front door with a note attached making the offer that you would come and put those poles back up again.

Then - they have the fixtures back again (ie the bit that wouldnt "fall out if the house was literally tipped upside down"). As for the curtains - if you still have them then leave them there too. If you don't still have them - then put a line in that note saying they were literally mouldy and hence needed throwing out and you have thrown them out.

I doubt they'd chase you for a cheap couple of pairs of curtains.

The poles to be fair are also tired and one of them is unusable with the ends popping out.

The buyer states they are not to know of condition but they think I have breached the contract.