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How long does the vendor have to collect items left behind?
CasaCroft8
Posts: 56 Forumite
We completed on our house last Tuesday and the nightmare vendor came to us on the morning of saying they haven't had time to clear out the shed and can they do it later. Ok whatever I said if you have to but I'm not happy. We've heard nothing so far.
I understand that the many many items belong to her. How long has she legally got to get them before we can get rid. I'm aware it's only been a week and I'm not thinking of getting rid in the next week. I'm just trying to find out where I stand as I have no idea if she does intend to remove it at all.
I understand that the many many items belong to her. How long has she legally got to get them before we can get rid. I'm aware it's only been a week and I'm not thinking of getting rid in the next week. I'm just trying to find out where I stand as I have no idea if she does intend to remove it at all.
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Technically they are in breach as they have left items in the property.Set them a deadline of 2 weeks, then you will dispose of them. Don't let them come up with excuses to delay that. They should have sorted it all before you moved in (otherwise you will never shift the items).I would advise through their solicitors and the Estate Agent as well.May you find your sister soon Helli.
Sleep well.1 -
The practical course is to ring up and ask when they are coming round to pick up their stuff. Take it from there. And keep nagging.Even if you set a deadline of several weeks before throwing the stuff out, the law is a bit tricky. Technically, you are a bailee, and you are responsible for looking after the stuff. If you throw it out, you can be sued for the value.Of course, that doesn’t matter if it’s just a load of junk. But, to prove that, you would have to make a detailed inventory. And would you necessarily know that the old rusty mower is junk, rather than worth £100s?
It's not worth it. Just get on the phone and keep nagging them to either pick it up or agree that you can dispose of it. A text confirming that is wise.No reliance should be placed on the above! Absolutely none, do you hear?0 -
Whats in the shed, useful cared for items or crap that should have gone to the tip?
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I'd say a month was more than reasonable. They should have done it before they moved.
If they don't collect, you may have costs for removal (skip hire/petrol costs to the tip etc). I'd be chasing them for that. Not sure you'll get it, but do mention it when you ask them to collect in a set time - it may well focus their mind!
Of course the other side the the hassle of having to sort out someone else's junk!
Hope you are enjoying the rest of your new home.
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YEs, I would put something in writing to them to say they need to have removed everything by [date] (maybe 14 days from the date you write) after which you will be getting a skip to dispose of everything at their expense as they are in breach of the contract requiring them to provide vacant possession.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)2
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Despite the vendors being in breach of contract, this still needs to be handled in accordance with the legislation. Here’s a handy link.
https://www.legislation.gov.uk/ukpga/1977/32
It really is better just to do a bit of gentle nagging.No reliance should be placed on the above! Absolutely none, do you hear?1 -
These apply to tenants leaving possessions behind but the legal principles are the same:https://www.landlordzone.co.uk/information/uncollected-goods/
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I missed the key point that my advice is what I would tell the seller. Yes, the actual situation is different as stated above.I would be as cheeky to sendcan invoice charging them rent for storage of goods as well.Theoretically if you photograph and document everything and send an invoice for rent I wonder the likelihood of achieving success in court? Whether breach of 1 contract can create another implied contract by non-compliance? I lack enough enthusiasm in contract law to research if a precedent has been set. That they acknowledged the existence of said items doesn't help them argue against it.May you find your sister soon Helli.
Sleep well.0 -
I would be reminding them daily.0
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The Vendor signs a document during conveyancing stating that the property will be left empty. Where are you meant to store your items in the meantime?
Tell your Solicitor what happened. They will be used to it and will know what to do, perhaps write to the Vendor's Solicitor on your behalf.
Me? I would give them 48 hours, then I would dispose of their items and if questioned, say oh fiddlesticks, I must have left the garage unlocked and open. Thank you and good bye.1
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