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Items left in property after completion

16 replies

outwardbound · 27/09/2011 12:52

I bought an appartment offered with vacant possesion we negotiated over the price and said we wer'nt interested in the furnishings and would only make an offer on the property we haggled back and forth and agreed to a price we asked for a list of contents and carried on with the deal.
We exchanged and completed got the keys and moved in we were surprised to see thay had not cleared the appartment but believed they had taken what they wanted, so we relocated our own furniture in good faith, A week later I am called and told they need to make arrangments to collect all the items (we were never given a contents list to agree and sign) I express my shock and explain that we have moved in, they say that if I would like to cover the expense of moving the furniturn they would come to a deal with me, I refused saying I thought it was there mistake and that the contract states "all chattels in and included on any attached list are included in the sale" they are now threatening me with court action if I do not allow them access to remove these items or £1000
I am at my wits end with worry and would appreciate your opinion

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DreamsOfSteam · 27/09/2011 12:58

I have no experiance of buying property, but surely once contracts are completed and the keys have been issued they no-longer have any claim to access the property and any belongings left are for you to do as you please with. I would allow them to proceed with court action as I think it would be highly unlikey that a court would rule in their favour.

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Bramshott · 27/09/2011 13:00

I think you're right - anything that was in the property on completion is yours now. BUT - what's the best outcome for you? If you'd rather the furniture was gone, I would give them one chance to come and collect it.

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Happygomummy · 27/09/2011 13:03

I think Dreams is right though i don't have legal experience in this matter.

Just call your solicitor who handled your move and get him/her to confirm.

You could always charge them a storage fee - say £1000 to cover period they left their items?!

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outwardbound · 27/09/2011 13:04

I feel they are pushing me for more money, a big firm like this does not forget to clear a property surely?

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DreamsOfSteam · 27/09/2011 13:08

Call your solictor for advice and reasurence and stand your ground. It is their responsibillity to clear the property BEFORE you are given the keys. If they have failed to do this then thats their hard luck.

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DreamsOfSteam · 27/09/2011 13:18

also I think they should only be contacting you through your solicitor anyway, so next time just ask them to direct any issues to your solicitor. HTH

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Bramshott · 27/09/2011 13:21

I'd be tempted to ask your solicitor to write one letter, saying that you will give them access at X o'clock on X day (whenever is convenient for you) to collect their belongings, and if they don't show up, you will dispose of (or use!) anything that is left.

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Trifle · 27/09/2011 13:24

Legally they do not have a leg to stand on. If I were you I would advise them that you will be issuing them with a bill for having to get their stuff removed or one charging them storage. They signed a legal document offering the propety with vacant posession. This does not mean they get to leave all their junk in there to collect at their leisure.

I would strongly advise against spending any money with a solicitor to resolve the matter.

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outwardbound · 27/09/2011 13:51

Thanks all... I cannot go back to my original solicitor as he says he cant help now because its litigation and out of his area?! so I feel he's had my money and run.....I feel it was his responsibility to get a contents list?? if we'd had p proper signed list from the start this would'nt be happenning

The developers know Im just about to start renting and amazingly have started all up again threatening bayliffs on my tenant if I dont hand over another £1000!!

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DreamsOfSteam · 27/09/2011 14:02

gawd! I can see how this would be giving you a headache! Perhaps try putting a thread up in chat calling for any solicitords that can advise you in this area.
My personal feeling is that they haven't a hope in hell of you needing to pay any more money so don't give in but this is obviously going to cause stress for you.
Is there a ombudsman type service in the property field that you could go to for advice?

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outwardbound · 27/09/2011 14:08

It is stressfull, one day Im so sure and confident the next Im a wreck I also struggle with slight guilt I have that I should hand it all back and think I would have if they didnt come in demanding money straight away, Im just trying to discover the legality of ownership of items left, I have thought about contacting the law society because I feel strongly that our solicitor should help with this mess

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DreamsOfSteam · 27/09/2011 14:14

yes I would contact the law society. your solicitor should be helping you in this matter and if they are not qualified in this area they should be finding you someone who is

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PoppadumPreach · 27/09/2011 17:35

your solicitor should absolutely advise - definitely contact law society if they do not help

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Lizcat · 07/10/2011 16:37

As everyone has said your solicitor should at the very least be able to tell you whether items left in the property became yours on completion.

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SheWhoMustNotBeFlamed · 07/10/2011 16:41

Was it a show home?

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WorzselMummage · 07/10/2011 16:41

No advice but i'm itching to know what they left and if it was nice!

I'd personally tell them to poke it but i can be an argumentative cow.

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