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Small Claims Court - Missing Contents From House Purchase

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Viewed a property in Dec 2017. Made an offer and accepted in Jan 2018. As the conveyancing was taking such a long time, viewed the property again in May 2018 and in Sept 2018. Completed and exchanged the purchase on 19 Oct 2018. The property was refurbished and included new carpets throughout, cooker hood and toilet (wc).

I received the keys to the property on 19/10/18 at 17:15. I went to the property on 20/10/18 at 10:00. The toilet was broken, cooker hood missing and all carpets removed. I immediately rang the police, they sent some officers to the house and took fingers prints, and footprints. The back window was open and the alarm turned off from the fuse box. I do not have the alarm code. I also rang the estate agents to inform them of the situation.

The police have informed me that this occurred before I took ownership on 19/10/18 so I am not the victim. The victim will be the previous owner as it happened during her ownership of the property and the police are communicating with the estate agents. As far as I am aware the police have closed the case as they cannot find who did the crime.

As mentioned on the Fittings and Contents Form, section 4 carpets for the entire house are included but not present when I became the owner. Section 2 kitchen extract hood included is not present. Section 3 bathroom although not listed separately it mentions ‘bathroom utilities’ is present but smashed.

Also stated on the fittings and contents form is:
Unless states 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 the property is left in a reasonably clean and tidy condition.
On the front of the property there is rubbish/junk as is the same for the rear garden. This would require at least 2 skips.

I informed my solicitors on 22/10/2018 and the reply received from the former owners solicitor is as follows:
“Our client is not willing to reimburse your client.
She does not live near the property and had not been there for many months. Everything said to be left in the property information form was there when she left the property. She did not have any keys these were all with the agents and the onus is on the buyer to ensure that they inspect the property before exchange.
Our client no longer had insurance for the property so your client will have to claim on their insurance.“

My home insurance didn't start until 22/10/2018 and it was buildings only (as the house was empty). I have estimates of the work to be completed totaling in the region of £2.5k. If I was to take this to a small claims court (claim amount £1,500.01 to £3,000, court fee is £105), how likely is it that I would win?

I have photos of how the property was when I viewed, the electronic brochure from the estate agents and pictures after I took possession. My argument would be when I view the property on the 3 occasions, it had the contents in the property. Regardless of whther the owner, estage agens or vandals removed the said contents, as it was included in the fittings and contents form it should be present.

I have the previous owners name and address (no telephone number) from notification of sale (from the estate agents when the offered was accepted) and also a letter ready to send to the previous owners stating “As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.”

Your advice would be appreciated.
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Comments

  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
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    edited 25 April 2019 at 3:16PM
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    What date did you exchange contracts on the property?
    Was exchange and completion on the same day or was there a gap?

    Ideally this is why before exchange of contracts you should view the property,to check its all there.Insurance should also have been arranged on the day of exchange by yourself....certainly not later than the day of completion.

    I have no idea if you would be successful with a small claims case simply because you cannot pinpoint the time or day on which the damage/break in happened....other than the day on which it was discovered.
    My understanding is perhaps that date of discovery will be the date logged as when the incident happened.


    My gut feeling is that you were responsible for the property from the point of exchange so if insurance was not arranged until after that date then it may fall upon you to cover the losses unless the vendor is willing to contribute as a gesture of goodwill,which clearly they are not willing to accept at this point.

    Have you perhaps asked any of the neighbours if they may have CCTV recordings of around that time...long shot I know given the time lapse now but someone may have seen or heard something...

    The fact that you didn't arrange any insurance until well after the date of "occupation" will mean there is no onus on your insurance to pay out as the crime was before that insurance started.
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  • manlovestreet
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    Thank you for your reply.

    The exchange was on 18/10/18 and completion on 19/10/18. The keys were not authorised to be released from the estate agents until the end of the day on 19/10/18.

    I have checked nearby for CCTV in October bu there isn't any available.

    Even If I arranged the home insurance for 18/10/18, I would have probably purchased buildings only. In hindsight contents would have been appropriate.

    Is there no legal duty as the fittings and contents form stated the said items but they weren't there when I took ownership?
  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
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    edited 25 April 2019 at 4:18PM
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    Is there no legal duty as the fittings and contents form stated the said items but they weren't there when I took ownership?

    Yes the fixtures and fittings form can be relied upon as forming part of the contract of sale,however you also had a duty to check that what you were receiving was correct and a choice of whether to take out insurance at the correct level on the property.

    The fact that you did not visit the property to inspect it just prior to exchange will impact your case to solely rely upon a document that was presumably completed and dated possibly substantially before the date of exchange.


    What date was the fixtures and fittings form signed?

    Your solicitor has queried it with the vendors solicitor and sent you the reply.

    What has been your solicitors recommendation going forward,they must have given you an indication if you have good reason/justification for claim or not?
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  • manlovestreet
    manlovestreet Posts: 54 Forumite
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    edited 25 April 2019 at 4:35PM
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    Thank you for your reply.

    The form was dated May 2018. I visited last in September 2018 and everything was correct and present.

    The reply from my solicitors was:
    Unfortunately, I am unable to assist any further. I can however, pass on your details to our Dispute Resolution Department who may be able to take matters further for you but there would be additional charges in respect of the same.

    Should I proceed with the letter to the previous owners?
  • Out,_Vile_Jelly
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    You should be counting your blessings that the totally uninsured building didn't burn down between exchange and completion. Your solicitor didn't mention caveat emptor?


    You may get a small claims court judgement against the vendor, but there's no guarantee they'll be able to pay up. It'll be an awful lot of energy that might be better spent focussing on doing up your new place.
    They are an EYESORES!!!!
  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
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    Should I proceed with the letter to the previous owners?

    Your choice....

    I'm with o,vand jelly on this one ...you may get a result but you have gaps in the process that you were responsible for and have not acted swiftly or diligently enough.....

    Personally if I were the seller I would be happy to go to court as I think they could pick many holes in your case.
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  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
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    I think your solicitors response speaks volumes....
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  • manlovestreet
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    You should be counting your blessings that the totally uninsured building didn't burn down between exchange and completion. Your solicitor didn't mention caveat emptor?


    You may get a small claims court judgement against the vendor, but there's no guarantee they'll be able to pay up. It'll be an awful lot of energy that might be better spent focussing on doing up your new place.

    Thank you for your reply.

    My solicitor didn't mention "caveat emptor".

    I thought chasing the previous owner might help with some funds.

    If a judgement is issued in my favour, what are the ways to enforce this?
  • manlovestreet
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    I think your solicitors response speaks volumes....

    Forgive my ignorance but do you mean the solicitor was implying I have a weak case?
  • manlovestreet
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    Your choice....

    I'm with o,vand jelly on this one ...you may get a result but you have gaps in the process that you were responsible for and have not acted swiftly or diligently enough.....

    Personally if I were the seller I would be happy to go to court as I think they could pick many holes in your case.

    I'll send the letter and see if there is any response from the previous owner in the first instance and then take it from there.
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