Fresh Take on Dealing with Unwanted Items Left Behind by Sellers
Homeowner Left Previous Possessions: How to Remove Abandoned Items?
Moving into a new home should be an exciting experience. But things turned sour for our reader when they discovered the previous owners left behind a hoard of unwanted items, some in poor condition, making the move-in process a headache.
From a mouldy fridge with rotting food to a large, stained sofa and a garden filled with rotting pallet furniture, it appeared the sellers didn't quite understand the concept of 'moving out.'
The sellers had sent a fixtures and fittings list to our reader's lawyer, offering the chance to purchase some items, but our reader had refused. Others weren't even mentioned in the list. When contacted about the unwanted items, the sellers merely apologized and said they thought our reader would find them useful.
Getting rid of all this junk would be tedious and costly. But could our reader claim compensation from the sellers?
Ed Magnus from This is Money explains that leaving items behind in a property when selling it is a tricky thing. While it might seem generous to the seller, it could create a headache for the buyer if the items aren't needed or desired.
The Fixtures and Fittings Form (TA10) is a paper that all sellers must fill out before the exchange of contracts. It lists everything included and excluded in the sale, from light fittings to toilet roll holders. It also gives the seller a chance to set a price for certain items the buyer might want to purchase.
While forgiving a few small, good-condition items might be acceptable, our reader's situation goes beyond what's reasonable.
The Legal Standpoint
This isn't a unique situation. Paula Higgins, the Chief Executive and Founder of HomeOwners Alliance, acknowledges that while it's unfortunate, instances like this aren't rare. She points out that the TA10 form is a legally binding document that forms part of the contract of sale.
If the seller indicated that certain items would not be left but they were, that could be a breach of contract. Our reader's case is more solid because they declined these items, and they were still left behind. This could provide grounds for claiming compensation for removal costs.
Jonathan Handford, the Managing Director at national estate agent group Fine & Country, agrees. Sellers may find themselves in hot water if they leave behind items explicitly rejected. Legally, the TA10 form is part of the contract, and buyers are entitled to receive the property in the agreed-upon condition.
Dealing with the Situation
Paula Higgins advises beginning by writing to the seller through your conveyancer, formally documenting the breach of contract and asking them to remove the items or reimburse you for removal costs. Provide a list of the items left behind, along with evidence in the form of photos, and ask for a response within 14 days.
If this doesn't work, consider hiring a solicitor to send a letter before action, which may motivate the seller into action and lead to a settlement. If all else fails, taking the matter to small claims court might be the last resort.
Jonathan Handford emphasizes the importance of working with experienced estate agents and solicitors. Sadly, some sellers lose interest after contracts are exchanged, and the move-in day becomes a costly cleanup. It's worth noting that sellers aren't legally required to hand over a clean property unless it's specified in the contract.
The use of a Fixtures and Fittings Form (TA10) is essential to avoid misunderstandings when selling a property, as it specifies what items will be included in the sale and provides an opportunity to set prices for home-improvement or home-and-garden products that the buyer might want to purchase.
In light of the legal binding nature of the TA10 form, failing to adhere to the items listed as excluded, and leaving behind items explicitly rejected, may result in a breach of contract, potentially opening the door for the buyer to claim compensation for the associated removal costs, and the ensuing inconvenience affecting not just the property, but also the mortgage context and overall lifestyle.
