Claiming back costs from seller for breaches on moving day.

Troy_af

Hi there.

I completed on a house purchase today and the place was left an absolute mess. I don’t believe that there is anything that I can claim back on with regardless to general cleanliness. However, one thing that has definitely broke one of the clauses in in fittings and consent form, is the shed being left full of rubbish by the previous owner.

As stated in the form –

“Unless stated otherwise, the seller will be responsible for ensuring that
all rubbish is removed from the property (including from the loft, garden,
outbuildings, garages and sheds), and that the property is left in a
reasonably clean and tidy condition.”

This has not been complied with and the amount of rubbish left in the shed will need a waste firm to remove, of which there will be a fee. What action can I take here? I’m not at all concerned about the money, it is more the principle. Is this something to contact my solicitor over or maybe a small claims court?

Also, another separate, but just as frustrating matter. The sellers did not vacate the property until 4 hours after agreed, which again was stated in the contract terms. I was charged a significant amount by the removal firm per hour that this went on. Again, not sure if I have any rights to claim here as we had done a private key exchange with the seller and I’m sure if it came to it they could easily just deny that they did not vacate on time.

 

Thanks for any advice?

anselld

Technically both can be claimed but it's not worth it ... move on.

babyblade41

ditto above, bit of a pain but not worth claiming..Probably cost a couple of hundred in a skip but a lot cheaper & quicker than going down a legal claim.


Delays happen for all sorts of reasons on moving day.. it happened, move on

Troy_af

Thanks for the advice. I thought it probably wouldn’t be worth claiming for. I will however contact the seller directly with the threat of legal action and at least give them the opportunity to pay up.

Petriix

At times like this it's worth remembering that moving is one of the most stressful things people encounter. Who knows what was going on for those people. While it's obviously inconvenient for you, imagine their scenario and try to be a bit philosophical. You probably could take them to court, but you should consider the unnecessary stress on both sides. 

TheJP

You can ask them to clear the rubbish. If they don't you can do it or get a company to do it and try an recover the costs.

If it was me, i would move on and do it myself its just not worth the hassle. Try and enjoy the house and all that it brings in a positive sense.

MalMonroe

Troy_af said:

Thanks for the advice. I thought it probably wouldn’t be worth claiming for. I will however contact the seller directly with the threat of legal action and at least give them the opportunity to pay up.

Hi, I wouldn't do that. It's pointless and really not worth it because they are not going to pay up. And legal action will cost you. Even if you win there's no guarantee that these people will pay up. They probably won't. 

Having moved several times, I can assure you that all the things you mention are not at all unusual. Some people are just not as meticulous and tidy as me. Or you. 

As others have said, try to move on. It's no good getting yourself all worked up about these things because the only one who will suffer is you. 

When buying and selling houses, there are always extra costs, whether hidden or unexpected or not. Sometimes the people moving out are untidy and messy and see moving as an opportunity to leave all their junk behind. I think it's just one of those things that sometimes happens.

Hopefully it won't spoil your enjoyment of your new home once you get everything sorted and tidy and clean. Moving is stressful enough, don't add to it. All will be well. After all, you're in!!   Enjoy. 

jonnydeppiwish!

With regards to vacating the house, how were you able to have a specific time? I’m pretty sure you get the keys when the money has been received by the vendor? In that case, the removals would have been your responsibility the whole day. Obviously if it needs to be store overnight etc, then they would be responsible.

As for the waste, send them a letter to state they have 14 days to remove it or you will bin it and they will have to pay for it. Costs to reclaim - go via small claims court if you thinks it’s worth your while.

penners324

Write to them saying.

Hi
Hope your move went well, on moving into your ex property some items were left in the shed. Please advise if you wish to collect these?

If these items are no longer required would you be willing to send me £50 to cover the cost of disposal?

Many thanks....

Section62

Troy_af said:

Thanks for the advice. I thought it probably wouldn’t be worth claiming for. I will however contact the seller directly with the threat of legal action and at least give them the opportunity to pay up.

Before sending a letter containing this threat, consider carefully why you feel the need to do so.  If it is something like anger/hurt feelings/pride/not wanting to be made to look a mug etc, then consider whether you would feel any differently if they reply to you in Arkell vs Pressdram [1971] terms.

One of the problems with threatening legal action is having your bluff called, and ending up feeling worse than you do to start with because the other party rebuffs you, knowing you don't have a case/the money/the stomach to follow through on the threat.  It can be humiliating, and that's often the cause of cases going on to a court hearing in which neither party comes out a winner.

In your case you probably have a valid claim, but not necessarily a 'win'.

mi-key

How  much did you spend on the house? £200K or more?  Work out the percentage of this a skip will cost you, chuck their stuff out and move on with your life.

Life really is too short to worry about some things    The time and hassle you would spend on taking them to court and faffing about really isnt worth it.

It could well be they forgot about the shed, or were having personal problems or illness and didn't get a chance to clear it or to clean as well as you would have liked.