Advise ... part of fixtures or not?

subcapsular

Hi all I’m just after some advice

We have just recently purchased a property and completed on it about 3 weeks ago.

The property has a lovely feature fish pond (all be it not used for a few years and needs to be cleaned)

When we viewed the property the fish pond had some lovely stone statues and a stone bench around the perimeter.

These statues and bench were actually fixed to the ground.

On getting the keys we have noticed the statues have gone and the bench has been ripped out of the concrete leaving a right old
Mess in the garden!

These were not on the sales list but we assumed they were part of the sale and didn’t even question it as they where physically fixed to the ground

I’m not as annoyed about the features being removed but the damage the people removing them have done to the ground and perimeter of the pond! It looks terrible and I’m going to have to have someone in to rectify it!

Do I have any comeback or this or should I just swallow and move on!
Replacement statues alone and fitting from my resrch will be a few hundred pounds!

My other concern is that the property was a probable sale and had been vacant for some time! The vendors hires a removal company to clear the property before handing us keys and the removal firm could have taken the statues without the vendors knowing

AdrianC

What did the F&F form say?

Dean000000

Swallow and move on

G_M

My understanding from your first paragraph was that your purchase was a certainty. You've actually moved in, yes?

Hmmm.. so you're spitting with anger about the damage and want to know whether to spit or swallow? I'd recommend, errr......


:shocked:

Kmhmc

It may come under garden furniture in the fixtures and fittings form so check that first. But unless it was specified that they were to be left and you made a point to agree this then I'd just move on

Oxon

The F&F form I just completed for my house sale (which I think is the standard one) had a tick box for garden ornaments - what did this say?

gycraig_2

It's one thing taking things but they have damaged the blokes property while doing it.

DigForVictory

If the paperwork includes garden fixture & fittings, then you have grounds for a words with your solicitor, but keep an eye on the estimated cost of making good & replacement & leave it at that.

This is your home - it's usually not the lovely thing you viewed when you actually move in. Unless the paperwork is really clear, I'd snarl & get advice on pond maintenance, while leafing through garden catalogues.

AdrianC

gycraig wrote: »

It's one thing taking things but they have damaged the blokes property while doing it.

Have they? Or is it just the remains of the mortar that was holding them down? The inevitable corollary of removal - they've simply failed to "make good".

In internal terms, they've removed some shelves and left the rawlplugs in the holes in the wall.

Davesnave

subcapsular wrote: »

These were not on the sales list but we assumed they were part of the sale and didn’t even question it as they where physically fixed to the ground

You were wrong to assume. The f/f list gives you a chance to clarify, and they were not on it.


Of course they were fixed to the ground. They might have fallen over or been half-inched otherwise.

It's a failure to make good, that's all. Possibly a case of one bag of readymix, rather than getting someone in, but only you know how bad the 'right old mess' is and whether it's worth pursuing, as there are no photos here.

Remember your solicitor might need an extra payment if you go down that route.

googler

subcapsular wrote: »

These statues and bench were actually fixed to the ground.

On getting the keys we have noticed the statues have gone and the bench has been ripped out of the concrete leaving a right old
Mess in the garden!

Take it you bought in E&W?

I've said it before, but the E&W system needs change. For a typical Scottish sale, this would be agreed by standard clauses in the offer;


"The Properly is sold with:
(a) all heritable fittings and fixtures;
(b) all items of whatever nature fixed or fitted to the Property the removal of which would materially damage the fabric or decoration of the Property;
(c) all items stated to be included in the sales particulars or advertisements made available to the Purchaser; and
(d) the following insofar as any were in the Property when viewed by the Purchaser:
garden shed or hut, greenhouse, summerhouse; all growing plants, shrubs, trees (except those in plant pots); all types of blinds, pelmets, etc"