Issue At Property Between Completion & Key Collection

Fairfield79

Hello Helpy People

Completed a house sale on December 8th for a property in Manchester but was unable to physically collect the keys until January 5th owing to certain circumstances and spending Christmas with family in London.
Had viewed (unoccupied) property a week before completion and was happy it was in the same state since the survey.
When we entered property on Jan 5th we discovered someone had left a window open in the front lounge. All surfaces were noticeably damp and rising damp was visible on two walls. In addition whatever ever cheap chalk based paint previous owner used was now lifting off in powdery stains owing to absorbing moisture.
My expectation would be the previous owner or their estate agent had a duty to secure the property before handing over the keys but does the fact there was a month long delay put that responsibility on me?
The conveyance solicitor said it nothing to do with them as its post completion of sale. Ironically the initial reason I couldn’t collect the keys was because their bank payment system broke down meaning they couldn’t transfer funds on the completion date.
They said small claims court was only option and I’ve been told an initial consultation fee with a litigation solicitor is £500
Damp proofing the two walls will probably cost about £600

Do I have a leg to stand on in recouping cost owing to previous owner / estate agent carelessness?

Cheers

davidmcn

Up to you to prove what the condition was like on the completion date, and reasonable for everyone else to expect you to be visiting the property promptly after completion. You could have sent someone else to inspect it for you. Doubt you had anything in your contract about shutting windows.

foxy-stoat

If by leaving a window open for a few weeks effects the paintwork in this way then you probably bigger issues...best concentrate in sorting them and getting your property sorted and not wasting time trying to recover costs from previous owner.

giraffe69

If you go via the small claims court(not suggesting you should) then you don't need a solicitor and can represent yourself. The procedure is pretty simple and inexpensive. Google MCOL.

hazyjo

Fairfield79 wrote: »

Ironically the initial reason I couldn’t collect the keys was because their bank payment system broke down meaning they couldn’t transfer funds on the completion date.

Who's 'they'?


How could you have completed if 'they' didn't receive the monies? Presume you mean your solicitor didn't receive monies - from who? Lender? You? Buyer? Bit confused...


Also agree down to you once completed. They should have turned heating off really, so you also risked burst pipes, etc if it was cold enough. Heating should be on low which would have entirely been down to you. Not sure either how an open window would have caused damage - not where I thought the thread was going, thought you were going to say someone broke in and trashed it or squatted!

Comms69

It’s your responsibility as the owner.

Learn from this

Fairfield79

“They” is quite obvious given the opening sentence of that paragraph and the fact that there’s generally only one party that makes the payment transaction in a house sale.

Also not sure how difficult it is to comprehend how a property with a window left wide open in mid winter might absorb more excess moisture versus a house with all openings sealed.

Fairfield79

Thanks Comms69 you’re very wise and patronising.

hazyjo

Actually you're the one coming across as patronising.


I'll get me coat. You obviously don't like the replies you're getting lol...

bigisi

Being arsey with people trying to help really isn't the way to make people want to help!

DaftyDuck

Also not sure how difficult it is to comprehend how a property with a window left wide open in mid winter might absorb more excess moisture versus a house with all openings sealed.

I would be pretty certain the reverse is true, in almost all instances. An open window will allow the air to circulate, reduce condensation, reduce thermal gradients, decrease internal absolute humidity, and reduce mould spore concentration.

I don't believe the vendor or estate agent had any duty to seal the property prior to completion. Additionally, I would expect all the damage to have been done post completion, so would be your responsibility anyway.