Things left in loft after completion

KiwiCoop

If you weren't given the option of sorting it yourself then tell her to do one (after talking to your solicitor perhaps...).  I've bought 20 houses over the last ten years, half of them had all manner of stuff in the roof space but it never occurred to me to try getting money out of the previous owner for getting shot of it.  

A_Lert

Any news?

I think it would be entirely reasonable for the new owners to not want to let the old owners in to remove left-behind stuff, but instead want to hire their own choice of professionals to do work in what is now their own home.

Of course it's entirely possible there's virtually nothing and the new owners are just trying to scam. Which is why OP needs evidence. But since OP didn't check themselves, they've got no evidence - not even their own statement - that the loft wasn't full of junk when they sold it.

Jumblebumble

A_Lert said:

Any news?

I think it would be entirely reasonable for the new owners to not want to let the old owners in to remove left-behind stuff, but instead want to hire their own choice of professionals to do work in what is now their own home.

Of course it's entirely possible there's virtually nothing and the new owners are just trying to scam. Which is why OP needs evidence. But since OP didn't check themselves, they've got no evidence - not even their own statement - that the loft wasn't full of junk when they sold it.

I agree.
If they want to hire someone else they can pay for it as they are not mitigating their costs

Nik85

So I wrote back offering to clear the items myself if she would provide me with an inventory and pictures. Alternatively I offered half the requested amount if she wanted to go ahead and arrange removal herself. I thought this was more than reasonable. I have received a letter back saying 14 days til court proceedings as she won't let me clear it myself and wants full £600. A picture was provided which showed a couple of items (not mine) in the loft which certainly do not require a bloody skip to remove. Stuck with what to do now... I accept the loft should have been empty, a mistake I'll never make again! But I am willing to remove it! 

youth_leader

So sorry Nik85. 

davidmcn

I suspect she's bluffing.

lincroft1710

As she has (rather stupidly) provided you with evidence that the items requiring removal do not need to be skipped, you could use this as a defence if she does take you to court. Unless she has proper written quotes from at least 2 contractors with an inventory of items to be removed, I cannot see her succeeding. But unfortunately offering her £300 (unless it was a without prejudice offer) may result in a court finding in her favour for that amount.

As advice/warning to others (apart from the obvious of ensuring the property you sell is completely empty) ask for an inventory and photographs of the offending items and at least 2 written quotes from bona fide contractors before offering to pay for their removal. DO NOT offer arbitrary amounts as goodwill, and if you ever do so, always mark the offer "without prejudice".

T.T.D

I would write back:

Dear X,
         I am sorry for the small amount of belongings in the roof space, I don’t dispute my obligations they should have been removed this was an oversight, my sincere apologies.

I do however dispute your demanded costs in which would be incurred to yourself to clear this space, having been given the photographic evidence, there seems to be a small amount of belongings left over which to me seems disproportionate to the costs you seek. 

My offer still stands:

I arrange to have it cleared at my expense. 

I pay £300 in a fair and reasonable (and proportionate to the amount left in the roof space) offer to settle this matter in a full and final settlement.   

I sincerely hope you reconsider your position and this regrettable matter can be resolved swiftly and amicably.

If you choose to stay on the path of litigation through the small claim track, in the event of your loss, your liable to any losses incurred to myself in my defence including: solicitor fees. Travel, etc.

I look forward to hearing from you, this is my full and final response to this matter. 

NIK85

I would then ignore her. 

It seems this women I hard up on her demand for £600 for what ever reason, and she would have to prove her actual costs come court day which could be £10 fuel trip to the dump and £80 for her hours worth of effort in getting shot of it and walk away with nothing but breaking even for efforts. 

 

District judges will not be awarding this amount without proof they were incurred directly, he will also judge based on reasonableness and fairness in her and your actions leading to your appearances at court, which means if she cuts off any negotiations that were (in his mind) reasonable and fair offers to remedy the matter in order to “extort” the £600, it won’t go favourably as she thinks. 

Nik85

I did write "without prejudice save as to costs" on the letter as advised by an online solicitor. I'm completely flabbergasted that she is refusing to provide an inventory unless I pay to have someone do one? I realise it should be empty (before anyone starts) but I'm trying to resolve this and she just won't budge. 

houghton91

She sounds like a horrible human being. Surely she must provide proof that her removal costs will be close to what she's claiming in order to do so? It sounds like she's trying to scare you.