Clearing out-buildings - after completion?

annaangeluk_2

I'm due to complete sale on new house next friday (yippee!!) and I'm just wondering who's responsibility is it to clear the shed in the new house?

When we went for 2nd viewing I noticed that the two sheds in the garden are jam packed with cr*p. There are a few tools but also tons of "rubbish" (stuff you probably wouldn't bother to move to another house like scraps of wood, empty paint tins etc) My friend lives on the same street as the new house and hasn't noticed a skip or anything being removed etc!!

I'm hoping that as the guy still has almost a week to completion he will clear all this rubbish - I'm giving him the benefit of the doubt!

If he doesn't do it, is there anything I can do about it? I'm on my own plus I have a back injury which means I can't lift stuff and I don't fancy paying out for a skip or someone to clear it! Can I pay someone and then bill the guy selling the house for it through the solicitors or is it basically "tough luck!"??

Thanks!

Anna

atrebor

we had to sign something from our solicitor on clearing our rubbish to say that we were liable to pay for removal costs if we didn't remove it ourselves. Get your solicitor on to it....but I think it is a standard clause. We were allowed to leave by special arrangement with the purchasor half tins of paint that matched the interior decor and carpet offcuts that were the same as inside.....as it happens we're tidy people and would have cleaned out anyway, am fairly sure i'm in a minority as a civvy that does march - out!!!

guppy

Its standard for the contract to specify exactly what is and isn't being sold. You don't want to be buying a shed full of rubbish. Don't even assume you are getting the shed either, it might be a chattel rather than a fixture.

Anyway, best to try and make your position clear to the vendor before moving (via your solicitor if necessary). While its possible to sue for clean up costs afterwards, who needs that hassle?

HugoSP

It's good that you're asking the question now rather than after you've moved in.

I would agree with the above. If you don't want the hassle of clearing up then broach the subject with your solicitor before completion takes place but leave the seller enought time to do something about it!

A good compromise may be to knock the cost of the hire of a couple of skips off the price. That way you can then choose to hire these or put some hours in, sort through the stuff and take it to the tip, give it away or keep it.

We were different in that we actually offered to allow our last vendor to leave what he couldn't take. He had no car and no money, hence no way of sorting out items within the house. We confirmed in writing that we would not charge him but also stated that we could not keep items for any length of time for him, so he had to effectively surrender to us anything left. We needed to have a free reign to dispose of it, as we couldn't store it.

He left a couple of decent pieces of furniture and a few bits and bob that we have kept for ourselves and a few bits that will go on ebay, but most of it was either unusuable (tip) or of no significant value (Freecycle).

atrebor

Thats nice hugo, it makes me smile when people are nice

HugoSP

atrebor wrote: »

Thats nice hugo, it makes me smile when people are nice

We've done this on the last couple of investments we've bought. Despite the market we are not unhappy with the price we paid. The seller had just lost a sale and we came in as the last minute buyer.

A couple of years ago we bought another house and we included in the terms of the offer that we would be happy for the seller to leave items in the house that he didn't want or couldn't move. This chap was in his 80s and didn't drive. He did not want to be moving furniture etc that he didn't need.

He basically left it clean but with a large amount of junk that got cleared away quickly. He also left a shed full of tools, screws etc that he no longer needed. He was a retired carpenter and he knew that I was a builder, and could make use of them.

The chap had received a much higher offer but we think he felt that his move would be less painful with us.

annaangeluk_2

Thanks for all your replies!!

I've checked the fixtures and fittings list and both sheds are included! (I'm getting two sheds - so excited!)

I'm moving from a two bed terrace with no garden to a 3 bed semi with a 100ft long garden and two sheds!! I'm more excited about the sheds than anything else!! Sad I know!

I'm going to give the solicitor a ring in the morning just to make it clear that I want them emptied. The guy I'm buying from has been awkward since day one and I'm not so sure he's going to bother doing it! Especially now as the weather has turned bad!!!

Thanks again

Anna

PasturesNew

It would be his responsibility to take his rubbish with him as the contract will state "vacant possession".... however, that doesn't mean he will. I discovered a whole LOFT full of big and filthy furniture in a house when I bought.

So, just to make it perfectly clear, get your solicitor to pen a quick note out to the effect that: "if any of your old tatt is about, I'll charge you to have it professionally removed and dumped". Although try to get the note to be quite clear that you want it GONE when he's gone and not that you're happy to do the dumping for him afterwards and/or word it that if you end up organising it, it won't be cheap... and perhaps get your solicitor to hold back £500 for 24 hours "in case" (not sure how doable that bit is)

cats!

Normally sellers have to sign and say on their sellers info form that all belongings and rubbish will be removed on completion. Has the seller signed this form and have you seen it? Defo worth getting the solicitor to remind him to take his "possessions" with him.