Sellers legal responsibilities when selling house?

[Deleted User]

Anyone got link to guidelines as to what is legally required in terms of state of the house?
We had a full survey but a lot of things have come up.

- Walked in massive leak from radiator. There's no way they didn't know. That's going to cost me £200.
- Light fittings removed with bare wires left.
- Most of the other lights don't even work.
- Showers don't work. Plumber advised the pump has had it and they've have known this.
- Big holes left in the ceiling.
- Place absolutely filthy - had to pay for cleaners today.

Worrying as well, my solictor chased for proof of boiler services which we never had. I think I know why - pretty sure that's had it too. Massive banging noises coming from.

Absolutely livid - these people are scumbags. I went around last week, fixing loose screws, filling holes, my mrs spend 2 days scrubbing the house. Common courtesy.

pinkshoes

A full survey will look for structural defects inside and out.

Did you check the property just before exchange? Was the radiator leak there? If not, and it therefore occurred after exchange then it's your issue. £200 isn't so bad or claim on the insurance. 

They shouldn't leave bare wires. That's dangerous. A basic ceiling rose and fitting should be left. Get an electrician in to make this safe and you can bill them for this work.

Lights not working - that was up to you to check at the point of exchange.

Showers not working - again, that was up to you to check that they worked! It's sensible to check taps and showers on a second viewing, and even toilets flushing. 

Holes in ceiling - if they weren't there at the point of exchange then the property should not be left with defects, so you could bill them for getting this repaired.

Filth? There's no law about having to clean the property. It's a case of pride. We left ours immaculate and got a thank you note from the buyer as they were thrilled how sparkling it was. Filth doesn't build up between exchange and completion, so if it was there at exchange, it's not surprising that it's still there.

Proof of boiler services are something to ask for before exchange. Again, testing the boiler before exchanging would be sensible.

DullGreyGuy

[Deleted User] said:

Anyone got link to guidelines as to what is legally required in terms of state of the house?
We had a full survey but a lot of things have come up.

- Walked in massive leak from radiator. There's no way they didn't know. That's going to cost me £200.
- Light fittings removed with bare wires left.
- Most of the other lights don't even work.
- Showers don't work. Plumber advised the pump has had it and they've have known this.
- Big holes left in the ceiling.
- Place absolutely filthy - had to pay for cleaners today.

Worrying as well, my solictor chased for proof of boiler services which we never had. I think I know why - pretty sure that's had it too. Massive banging noises coming from.

Absolutely livid - these people are scumbags. I went around last week, fixing loose screws, filling holes, my mrs spend 2 days scrubbing the house. Common courtesy.

Bought as seen broadly speaking, thats why you have multiple viewings and surveys, ask for evidence of boiler servicing etc. Test taps, lights etc on your second viewing etc.

Bare wires shouldn't be there but unless it was agreed via the fixtures and fittings forms they just need to be the most basic plastic switches/lights. 

Where have the holes come from int he ceiling? Are you just talking about where a light has been removed and the bare wires are poking through? 

Once you've exchanged you've committed to buy in whatever condition it's in. Thats why you buy insurance on it from that point on. Many do a check immediately before exchange. Between exchange and completion the vendor should take reasonable care but that doesn't mean fixing things that were already broken or covering all accidental damage etc. 

doodling

Hi,

[Deleted User] said:

Anyone got link to guidelines as to what is legally required in terms of state of the house?
We had a full survey but a lot of things have come up.

- Walked in massive leak from radiator. There's no way they didn't know. That's going to cost me £200.
- Light fittings removed with bare wires left.
- Most of the other lights don't even work.
- Showers don't work. Plumber advised the pump has had it and they've have known this.
- Big holes left in the ceiling.
- Place absolutely filthy - had to pay for cleaners today.

Worrying as well, my solictor chased for proof of boiler services which we never had. I think I know why - pretty sure that's had it too. Massive banging noises coming from.

Absolutely livid - these people are scumbags. I went around last week, fixing loose screws, filling holes, my mrs spend 2 days scrubbing the house. Common courtesy.

The obligation is that (a) the house should at completion be in the same state as it was in at exchange (give or take an element of reasonable wear and tear) and (b) the house should be as specified in the contract.

That is about it.  There is no obligation for the house to be safe (or even be a house at all!), nor is there any obligation for anything to work (except where agreed in Scotland). 

It should however be noted that if the seller did do something to make the house less safe during the sale then they would be liable for the consequences of that (e.g. if you electrocuted yourself on wiring which was safe at exchange but they then made dangerous then they might carry some liability).

About the only item on the list you have any hope of following up is the removal of lightt fiittings.  If the removal of light fittings was not agreed then the seller is liable to restore the property to the state at exchange.  Whether it is worth pursuing them through the courts is of course a separate question (usually the answer is "no, it isn't").

FlorayG

I don't think they are legally obliged to tell you much. I found the boiler leaking badly in the house I bought, a neighbour told me it's been leaking for years they just patch it with mastic. There's a crack in the outside wall which if course I saw but the vendor never mentioned it. There are lots of other things wrong here too; after two years I'm still finding them

user1977

The legal responsibilities begin and end with your contract. Didn't your solicitor run through that with you before you exchanged?

Cressida100

Sounds like you were right to be worried about the move. What time did you manage to access the property? 

EssexHebridean

The bare wires are covered explicitly - if fittings are being removed then they should be replaced with a plain rose and flex - that one you can follow up on, although whether you will actually get anywhere with it is another question allowing that you already know that the sellers are problematic.

(Standard wording from TA10 fixtures & fittings form - "If the seller removes a light fitting, it is assumed that the seller will replace the fitting with a ceiling rose, a flex, bulb holder and bulb and that they will be left in a safe condition." )

Skiddaw1

@[Deleted User] at least you've completed on the sale and are in.

It's not pleasant admittedly, but as has been said, you were anticipating problems and it could have been a whole lot worse. Hard though it is to imagine it now there'll come a point where you'll look back on this with no more than a rolling of the eyes. I don't think there's anything to be done but roll your sleeves up, make the best of it and know that before long it'll be the house of your dreams.

[Deleted User]

pinkshoes said:

A full survey will look for structural defects inside and out.

Did you check the property just before exchange? Was the radiator leak there? If not, and it therefore occurred after exchange then it's your issue. £200 isn't so bad or claim on the insurance. 

They shouldn't leave bare wires. That's dangerous. A basic ceiling rose and fitting should be left. Get an electrician in to make this safe and you can bill them for this work.

Lights not working - that was up to you to check at the point of exchange.

Showers not working - again, that was up to you to check that they worked! It's sensible to check taps and showers on a second viewing, and even toilets flushing. 

Holes in ceiling - if they weren't there at the point of exchange then the property should not be left with defects, so you could bill them for getting this repaired.

Filth? There's no law about having to clean the property. It's a case of pride. We left ours immaculate and got a thank you note from the buyer as they were thrilled how sparkling it was. Filth doesn't build up between exchange and completion, so if it was there at exchange, it's not surprising that it's still there.

Proof of boiler services are something to ask for before exchange. Again, testing the boiler before exchanging would be sensible.

Seems sensible now but I didn't know people even did this.....

I asked my solicitor 3 times not to check the boiler service and they never got back.

[Deleted User]

Skiddaw1 said:

@[Deleted User] at least you've completed on the sale and are in.

It's not pleasant admittedly, but as has been said, you were anticipating problems and it could have been a whole lot worse. Hard though it is to imagine it now there'll come a point where you'll look back on this with no more than a rolling of the eyes. I don't think there's anything to be done but roll your sleeves up, make the best of it and know that before long it'll be the house of your dreams.

Half expected problems to be honest......

These people really are unbelievable. I just don't know how people can live with themselves knowing they were aware of all these issues.