How long does the vendor have to collect items left behind?

GDB2222

Mildreds_Earrings said:

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. 

Sadly, Mildred, that would land you in trouble. 48 hours is definitely far too short a time. And, as you have a duty to care for the goods, your admission that you left the garage door open makes you liable for their value. 

Nice try, but no cigar. 

theartfullodger

Re "" 

How long does the vendor have to collect items left behind?

  """

I'd hope I'd have the presence of mind when asked about this to have told him I'd give him 5 days, then move all goods out into the open by front hedge/fence.  Confirming in writing via solicitors.  (Hope to exchange & complete Thursday!)

CasaCroft8

Thanks all. I've emailed the solicitor and ea with a clear deadline. The shed is absolutely full and we've just about managed to fit our bikes in. It's a large shed. There's all sorts in there. Bikes, camping equipment. Tools. Kids toys. Bannisters the works. Doesn't surprise me she's done this as she's a very peculiar person and there's no love lost between us. I'll keep it safe in the hope she collects and then I'm sure we'll end up forking out as I doubt we'd get anything out of her

lesalanos

CasaCroft8 said:

Thanks all. I've emailed the solicitor and ea with a clear deadline. The shed is absolutely full and we've just about managed to fit our bikes in. It's a large shed. There's all sorts in there. Bikes, camping equipment. Tools. Kids toys. Bannisters the works. Doesn't surprise me she's done this as she's a very peculiar person and there's no love lost between us. I'll keep it safe in the hope she collects and then I'm sure we'll end up forking out as I doubt we'd get anything out of her

Hope you changed all the locks including the one on the shed 

canaldumidi

CasaCroft8 said:

. I'll keep it safe in the hope she collects and then I'm sure we'll end up forking out as I doubt we'd get anything out of her

As explained in the links, once reasonable opportunity to collect has been given you can sell the items. The money is hers less any expenses you incur (eg dumping unsaleable items, transport costs etc.)

saajan_12

TripleH said:

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.

No, a breach of 2 contract means you can sue for damages, it doesn't create another contract for profit. Damages could include 
* transport costs to dispose of junk items
* costs incurred when selling items (eg postage, reasonable amount for time to list etc)
* rent on a storage unit if you don't have space and had to move their stuff (but only if you actually incurred this, not on renting your garage)
* court costs to recover the above
* ..

GDB2222

saajan_12 said:

TripleH said:

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.

No, a breach of 2 contract means you can sue for damages, it doesn't create another contract for profit. Damages could include 
* transport costs to dispose of junk items
* costs incurred when selling items (eg postage, reasonable amount for time to list etc)
* rent on a storage unit if you don't have space and had to move their stuff (but only if you actually incurred this, not on renting your garage)
* court costs to recover the above
* ..

Can you charge for your time? I’m rather surprised.

JReacher1

CasaCroft8 said:

Thanks all. I've emailed the solicitor and ea with a clear deadline. The shed is absolutely full and we've just about managed to fit our bikes in. It's a large shed. There's all sorts in there. Bikes, camping equipment. Tools. Kids toys. Bannisters the works. Doesn't surprise me she's done this as she's a very peculiar person and there's no love lost between us. I'll keep it safe in the hope she collects and then I'm sure we'll end up forking out as I doubt we'd get anything out of her

When she collects her stuff make sure she doesn’t accidentally take your bikes!