Seller no longer including everything from fixtures and fittings form

movingon2020

We exchanged on our purchase and we are completing in 2 weeks. I have read (on here) about issues with sellers leaving things they were meant to take and taking things they are meant to leave so I thought I would clarify with the Seller. When we sold our house most of our appliances were integrated so we included them and so I wanted to make sure appliances would be there on moving day. On the form they had said they were including the fridge freezer and oven/hob and excluding freezers, dishwasher and washing machine. We were pleased to get some appliances as we want to extend and put in a new kitchen next year so don't want to buy new things for now until we plan the kitchen. The seller said today that the oven is included but fridge freezer is not. I know the position legally but in practical terms how do you handle this? Insist they leave it or offer an allowance or just deal with buying a new one? They are also taking kids climbing frames that they said they would include but that doesn't really bother me, they were old anyway. Unhelpfully the solicitor replied that it isn't a legal issue and to take it up with seller via agent. 

Marvel1

movingon2020 said:

We were pleased to get some appliances as we want to extend and put in a new kitchen next year so don't want to buy new things for now until we plan the kitchen. The seller said today that the oven is included but fridge freezer is not. I know the position legally but in practical terms how do you handle this? Insist they leave it or offer an allowance or just deal with buying a new one? 

Buy a cheap used one.

[Deleted User]

I bought a basic fridge freezer from Ebay, £46, then replaced it with a brilliant new one three years later when my kitchen was replaced.

Sandtree

If its on the TA10 form as being included in the sale it forms part of the contract and so for them not to leave it would be a breach of the contract... if its worth pursuing for the secondhand value of a fridge freezer is another matter

AdrianC

What's the used value of the fridge freezer? That's what they owe you.

Your call whether it's worth the hassle of a small claim or not... Worst case: You move in, buy a new one, issue the small claim - they apologise and return the old one.

Rambosmum

At least you know before you get there. 

Personally I would ask you solicitor to bring it up with their solicitor and see what they say. But realistically it probably isn't worth pursuing. 

AskAsk

in practical terms you would have to take out a small claims case against them.  you could threaten to do so via the estate agent.  but the small value involved may not be worth pursuing.  

macman

I'm surprised by your conveyancer's response. If it's on the TA10, then it's clearly a legal matter if they breach it. 
I'd be tempted to instruct your solicitor to adjust the balance owing on completion by the used value of the fridge freezer and oven/hob, and advise them of this in advance. Although if you actually did this, they might counter-claim.
How did you actually find out that they were reneging on the deal? It's the principle here, not so much the value. If I arrived on completion day and found that an expected oven and hob had been removed, I'd be less than happy.

AskAsk

macman said:

I'm surprised by your conveyancer's response. If it's on the TA10, then it's clearly a legal matter if they breach it. 
I'd be tempted to instruct your solicitor to adjust the balance owing on completion by the used value of the fridge freezer and oven/hob, and advise them of this in advance. Although if you actually did this, they might counter-claim.
How did you actually find out that they were reneging on the deal? It's the principle here, not so much the value. If I arrived on completion day and found that an expected oven and hob had been removed, I'd be less than happy.

i think it just means you will have to claim through the small claims process rather than the conveyancing.  you can use the TA10 form as the basis for the small claims.

BJV

For what is is worth even though I think the seller is being a bit nasty taking them when they had agreed to leave it, I think I would just buy another. As other posts say it is a breach of contract. Or equally you could go down the small claims court . 

sgun

I would just ask your solicitor to pass on to their solicitor that they will be in breach of contract but as a gesture of goodwill you are not going to take it any further. They then know that you will be on their case if they leave with anything else on the form, or if anything else is wrong when you move in. A new fridge freezer won't set you back that much, get one that you can use in the garage after you get the kitchen done and you'll have extra freezer space too.