Breach of contract on house purchase

JANSPAM

Hi there follow mse'ers,
We moved house earlier this month and on completion we turned up at our new property to find the old vendors were no way near ready to vacate. We hung about until 5pm( our completion contract stated 12noon for completion)we spoke to our solicitor and informed her of the situation and asked what we could do, the fact that both garages and the back garden were full of their belongings and by the removal guys estimation it would be at least another 4 hours before the place would be cleared. Our solicitor tried to contact the vendors solicitor but without success. Long story short we ended up ( four of us) staying in a local hotel for the night. And our things going into storage.
The next morning we arrived at the house to find it empty, so we proceeded to take a look round before the removal guys turned up with out belongings which they'd had to store overnight for us.
On inspection we discovered that the old vendors had not only taken all their things but also items which they had stated they were leaving on the contents itinerary. They took a electric stove, a light fitting and several large shrubs from the garden, which I know may not sound much but they were things we expected to be purchasing and we would now have to buy to replace.
Our solicitor wrote to the vendors solicitor stating all these facts and that the vendor is in breach of the contract and now three weeks on we have not yet heard anything from the vendor.
Has anyone out there had this happen to them and if so what steps did you take to resolve the issue.
This is a first for our solicitor, so it would be nice to know what to expect. The hotel, removals/ storage, items taken and extra solicitors work at the moment totals around the £2K mark. Which is money we can ill afford to lose.
Any guidance gratefully received.
Thanks in advance.

Ozzuk

I'd be tempted to use MCOL...

G_M

you list and calculate all your costs

* hotel
* dinner out (you could not cook)
* storage
* 2 x removals
* cooker
* shrubs
* anything else

You send a 'Letter Before Action' with the list, asking for thhe total cost within 7 days or legal action.

You go to Moneyclaim Online here and start legal action (adding your court costs)

Do you have supporting evidence they did no move out on time? Estate agent witness? Removals men? Photo taken at 5.00 pm?

Note you are unlikely to be able to claim legal costs as this will be the Small Claims Track.

Browntoa

As above

Letter before action then if no payment MCOL

LBA proves you have exhausted all other avenues before going to court

Thrugelmir

JANSPAM wrote: »

the fact that both garages and the back garden were full of their belongings and by the removal guys estimation it would be at least another 4 hours before the place would be cleared.

What stopped you from moving into the property. If their belongings were outside.

Ms_Chocaholic

I think you will only be able to claim the secondhand cost of the items the vendors took as that's what they were to you. Happy to be corrected if I'm wrong tho.

greatgimpo

Thrugelmir wrote: »

What stopped you from moving into the property. If their belongings were outside.

Where were they to put their garage stuff if the garages were still full?

davidmcn

G_M wrote: »

You send a 'Letter Before Action'

...assuming they have the vendors' new address, of course...

Thrugelmir

greatgimpo wrote: »

Where were they to put their garage stuff if the garages were still full?

One option. Bring it back the next day?

JANSPAM

The Amount of stuff!;we have, wouldn't allow for all our things to fit into the house. Things like washer,dryer,fridge freezer, gym equipment! to mention a few needed to go in the garage along with about 50 boxes. We did consider it but it wouldn't work and how the house and garage are configured, us bringing a van onto the drive would have stopped them getting to the garages to get their things.
The vendors have moved down there road from us in the same village, so we know exactly where they've moved.
Their excuse for not getting out in time was " how are we supposed to move all this stuff by that time?" Our reply " we did!"

eddddy

Ms_Chocaholic wrote: »

I think you will only be able to claim the secondhand cost of the items the vendors took as that's what they were to you. Happy to be corrected if I'm wrong tho.

Damages for breach of contract should put the claimant in the same position as if the contract had been performed.

So, for example, that might include the cost of buying a similar secondhand electric stove, the cost of having it delivered to the house, and the cost of having it connected.