Rubbish removal

AskAsk

We have a property in London SSTC and the buyer has got a BTL mortgage on the property.  He came back this week and asked that we reduce the agreed price for the property because his bank has given him less than what he had applied for.

We agreed to do so on the condition that he clears the rubbish at the bottom of the garden, which I had planned to do after exchange and before completion, which I will no longer have to do.  It is accumulated rubbish in the old green house at the bottom of the garden that has been there for many years.

I had completed the TA6 form to state that all rubbish will be removed from the property.  Should I tell my solicitors that this needs to be passed to his solicitors as a change in the TA6 form?  At the moment, I only have the agreement through the estate agent.

Or will the agreement via the estate agent be good enough and we shouldn't complicate matters by getting the solicitors involved, who may make this more complicated than it needs to be?

propertyrental

No. You need to get the TA6 amended. No agreement via the EA will be legally enforceable.

AskAsk

propertyrental said:

No. You need to get the TA6 amended. No agreement via the EA will be legally enforceable.

so i should send a new TA6 form where I tick "no" on the question of whether the property will be handed over empty of rubbish?

i will ask my solicitor as i thought an amendment to the TA6 can be done through correspondence between the solicitors?  i guess you are right, that it is best to get this through to the solicitors rather than rely on the estate agent being the middle man here.

ThisIsWeird

I wouldn't accept anything arranged or sent via the EA, but surely a written agreement sent via their conveyancing solicitors would be good enough?
I can't see any way the buyer could renege and successfully try and claim against the OP for removal of the rubbish after sale, if they've written down this agreement and sent it via their solicitor?
It should be mentioned that it's part of the agreement to reduce the sale price. 
IF this is significantly easier than changing the TA6?

AskAsk

ThisIsWeird said:

I wouldn't accept anything arranged or sent via the EA, but surely a written agreement sent via their conveyancing solicitors would be good enough?
I can't see any way the buyer could renege and successfully try and claim against the OP for removal of the rubbish after sale, if they've written down this agreement and sent it via their solicitor?
It should be mentioned that it's part of the agreement to reduce the sale price. 
IF this is significantly easier than changing the TA6?

i find the questions can be asked about the TA6 or TA10 and then confirmations or otherwise are sent through email correspondence between the two solicitors and that serves as evidence of the questions and answers, so I do think it will be fine to just let my solicitor know and ask them what to do, but i think they will just email the other side and not bother with changing one item on the TA6

BonaDea

Why not just phone your solicitor and ask?  You're paying them.

AskAsk

BonaDea said:

Why not just phone your solicitor and ask?  You're paying them.

I will do.  The original question was about whether I should keep the solicitors out of this altogether but the answers indicate that would be foolish.

user1977

AskAsk said:

BonaDea said:

Why not just phone your solicitor and ask?  You're paying them.

I will do.  The original question was about whether I should keep the solicitors out of this altogether but the answers indicate that would be foolish.

Indeed. It's the solicitor who deal with contractual matters between the parties, and you're paying them presumably many ££££s to advise you about that, so...seek their advice.

Yorkie1

If you suspect that they might not remove the rubbish in any event, then discuss with your solicitor the possibility of whether your solicitor can hold back a certain amount of money, which it would cost you to remove the rubbish. 

AskAsk

Yorkie1 said:

If you suspect that they might not remove the rubbish in any event, then discuss with your solicitor the possibility of whether your solicitor can hold back a certain amount of money, which it would cost you to remove the rubbish. 

I am the one that wants to leave the rubbish, lol.  I am the seller!  I want to make sure the buyer doesn't expect me to clear the rubbish after purchase even though he has agreed to this with the EA after I had sent over the TA6 form, where it states that all rubbish will be cleared.

I have told my solicitors what had been agreed with the buyer via the EA and she says that she will inform their solicitor of the agreement and will let me know if they want a new TA6 form completed.

Yorkie1

AskAsk said:

Yorkie1 said:

If you suspect that they might not remove the rubbish in any event, then discuss with your solicitor the possibility of whether your solicitor can hold back a certain amount of money, which it would cost you to remove the rubbish. 

I am the one that wants to leave the rubbish, lol.  I am the seller!  I want to make sure the buyer doesn't expect me to clear the rubbish after purchase even though he has agreed to this with the EA after I had sent over the TA6 form, where it states that all rubbish will be cleared.

I have told my solicitors what had been agreed with the buyer via the EA and she says that she will inform their solicitor of the agreement and will let me know if they want a new TA6 form completed.

Sorry, not sure how I got that the wrong way around!!