Taking sellers to small court over breach of contract

SannaKhan

Hello you wonderfully helpful people,

I recently purchased my first home and apart from white goods that they had agreed to in the Contents form, the property was supposed to be left in an empty and clean condition. One week into getting the keys, I went into the loft space and it was full of different items, 3 christmas trees, a computer from 3 decades ago amongst a lot of other rubbish, which is going to come at a cost for me to remove. I have attempted to contact them via their solicitor (who has refused further contact because as far as they are concerned 'Our client has advised the property was clean and tidy, Please note we have no further instructions in this matter and thus any further points will need to be sent direct to our client'. The sellers have refused to respond to the agent involved in the transaction leaving me with no other option than to take the legal route. 

I am in the process of starting a money claim online and have just spent £60 trying to trace their new address to send the legal notice to. I am now at the Particulars of Claim part and the example I have seen on this site doesn't match my circumstances. I am not sure if I have missed another draft here or not but would be grateful if you could point me in the right direction or assist me in writing one. 

Many many thanks in advance
SK

brettcta

No other option than to take the legal route? How about just loading your or a relative/friends’ car and taking it into the nearest tip and moving on with your life?

Small claims court seems a bit OTT for a bit of Barry White in the loft. I’m not surprised the seller and their solicitor aren’t responding.

fwor

It does seem a lot of effort to go to for not much in return! Please make sure that you check the wording of the contract carefully, and that it doesn't oblige them to remove their effects from the property, or they may claim that the loft contents were left there by a previous owner...

MalMonroe

I think you'd be wasting your time and money. This kind of thing happens a lot. Vendors leave stuff in attics, garages, basements and sometimes in the property. Plus they don't always do a good clean and some people are just pigs, basically.

If the rest of the property WAS left clean and tidy, that's something.

I'd just bag it all up and get the council to come and take it away. They'll charge you, yes but then it'll be gone and you can get on with things. And it's probably not much more than the money you've already spent tracing the vendors. 

Sometimes it's just best to let things go and move on, for your sake. Moving house DOES cost money, anyway, sometimes unexpectedly as you've found. You've already spent £60 chasing an address. You'll have to pay to take the matter to court and it would be cheaper for you to dump the stuff yourself. 

And look, you've got your new property - settle in and enjoy it now and move onwards, forget about people leaving a bit of clutter behind. It isn't really a big deal - lots of us have been through the same thing and survived. Enjoy your new home!