Allowing seller to temporarily leave furniture

southernlead

Hello,

For various reasons, our seller would like to leave some furniture and possessions in the house for a week after we complete. We are not planning to move into the property for another month, so this is no inconvenience to us, but I would like to understand the legal position given both the contract and our mortgage agreement state that the property is sold as vacant possession.

Assuming there is trust between the two parties, are we as the buyer leaving ourselves open to any issues with either the mortgage company or anything else after completion? I know this kind of arrangement is not unheard of, but I'm trying to better understand the legal ramifications before any agreement is made.

Thanks,
SL

southernlead

I should clarify - they are of course moving out and handing over the keys, and we do in fact plan to change the locks the day we complete.

maisie_cat

Leaving anything behind that they plan to collect later is not vacant possession, do they want to keep a key as well? I've moved into a few houses where the seller has inadvertently left items, including an entire crockery cupboard once and I've dropped it off or they've collected the next day but wouldn't agree to it beforehand.

southernlead

Yes, it's not vacant possession, so they are technically in breach of the contract. However, because of the situation if we do not come to an agreement on this, there's a chance the deal does not complete. I want to understand what risk we leave ourselves open to as buyers.

knightstyle

we did similar, let the buyers leave a big fridge freezer in the garage for a couple of weeks.  All good but make sure they sign a piece of paper where you state it is at their risk and you will not insure it.

southernlead

Yes, the insurance question has come up as well. For a single item like a fridge that's probably a risk worth taking, but this is all their furniture in a four bed house.

user1977

Your mortgage lender won't care whose furniture is in the house.

Your risks are...being stuck with somebody else's furniture for longer than you'd like (and/or other junk - how are you going to check what they've left?).

Their property won't be insured by your policy.

They might accuse you of causing damage to or losing items.

PoisonIvy

I wouldn't, simply because the risk is too high that they won't have it out by the time you're ready to move in. If they can't have it out by completion, chances are they won't be able to have it all out when you really need it to be.

I allowed the seller of my first place to leave some items behind for "just a few days" (bed, wardrobe, some other bits of furniture). He wound up collecting just the bed, saying "you can have the rest of the furniture" as if he was doing me a great favour by leaving me a knackered wardrobe and tatty dining chairs. In the end I wound up having to pay the council to take the rest to the tip. It was only £25 or so to get it taken away, but this was a couple bits of furniture, not the contents of a 4 bed house.

Scotbot

Why not ask your solicitor about the legal risk? They can advise what the risk is without modifying the contract. It is up to you whether to accept it.

Ms_Chocaholic

I imagined a few bits of furniture - maybe a sideboard, a spare bed, a set of drawers not all their furniture.  Why can't they get a removal company and put it in storage for a few weeks.

Ms_Chocaholic

Can you delay completion?  I presume you have already exchanged contracts.