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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To bin everything the seller has left behind.

97 replies

Teaandcakeat8 · 18/03/2016 22:11

Just picked up the key to my new flat today.

The seller is currently on holiday, exchange/completion happened today and it was all very rushed so he likely didn't know we would be completing before he went away. He gave consent to exchange/complete yesterday.

Just got inside and it's empty as in no furniture but there are piles of crap around eg cupboards not completely empty, utensils in drawers, loo roll and soap in bathroom etc.

To me it looks like they might have been planning on coming back to clear. They've obviously taken their 'belongings' and just left whatever they didn't need iyswim.

I have to go in on Tuesday to pick up the other key (seller still has one) and I am planning on taking all his post with me as there is no forwarding address.

WWYD? Presumably it all belongs to me now so I'm within my rights to bin it all? Or would you box it up and take to the estate agent?

OP posts:

Anniegetyourgun · 19/03/2016 09:43

I'd get the opinion of your conveyancing solicitor too if possible, as views here seem to be completely contradictory and estate agents may have their own agenda (that's not a reflection on the last estate agent I dealt with, who was very helpful).

LittleBearPad · 19/03/2016 09:45

I would move it all (except obvious rubbish) into one room so you can do the painting you planned to. Then phone your EA and ask them to contact the seller today to explain he will need to collect his possessions on Monday when he brings the key otherwise they will be binned.

Inertia · 19/03/2016 09:46

I would box everything up and take it to the estate agents so that a) There is no possible comeback when he decides that you chucked something valuable, and b) you don't waste uour own time sorting through it.

CamboricumMinor · 19/03/2016 09:50

We had this problem. The solicitor advised us to write to them via their solicitor and say that we would be available on two specific dates when they could collect their stuff and if they didn't come then the stuff would be binned/sold/whatever. They left so much stuff behind - even a brand new American fridge!

littleleftie · 19/03/2016 11:20

Every time I have moved house there has been a clause that if the vendor does not leave a fully vacant property, I can charge them for disposal of any crap left. I thought this was standard practice?

I have had to do this once and received £300 as the vendor left a garage full of shite and I had to pay for it to be cleared. My solicitor dealt with it all.

If it is possible I would take it all to EA ahead of vendor dropping off keys and make it their problem. I wouldn't bother collecting key though as would have locks changed.

StillYummy · 19/03/2016 11:34

I'd probably change the locks, instead of waiting for the key he has.

dotdotdotmustdash · 19/03/2016 11:35

When we moved to our house the sellers were desperately behind in their moving so we had to wait till late afternoon before we could start moving in (late Nov so dark). The place hadn't been cleaned and a glass lightshade had been broken all over the floor. We quickly piled our stuff up in a couple of rooms and slept at my parent's house. Before we left I noticed that there was still food in the fridge.

Guess what? When we came back the next morning the food was gone and there was another set of keys posted through the letterbox. I phoned and grumbled at their solicitor. How cheeky!

CointreauVersial · 19/03/2016 11:42

DEFINITELY change the locks. You've no idea who has keys, especially if it was a second home - it might have been rented out or lent to people.

Box up his crap, put it in a corner, send him a deadline IN WRITING via solicitor/EA that if it isn't collected by date X (leaving a decent amount of time) then you will be disposing of it. That way you're covered.

FuriousFate · 19/03/2016 12:11

I'm shocked at all the people who don't change locks. Surely your insurance is invalid if goodness knows who has a key to your house?

It's no excuse that the seller was on holiday. He'd have known about the sale and when it was going to complete. Of course he would! He could also have paid someone to clear what was left. Sounds like he just couldn't be arsed. I've just sold a deceased relative's property from overseas. I flew over, cleared it and then flew back again. It wasn't convenient, it cost a fortune to do so, but I couldn't leave a house full of crap for the new buyer to deal with. The contract stated vacant possession and so that's what I abided by. It's not difficult.

Lemansky · 19/03/2016 12:54

Do change the locks. Luckily we did but the seller had obviously kept a set as I saw him trying them 3 days after we'd moved in! I was walking home at the time so too far away to ask what on earth he thought he was up to.

BoxofSnails · 20/03/2016 05:54

topcat I would more be thinking of all the money you've spent on entirely invalid insurance over the years! Might as well have not bothered! And no, I can't imagine why you think you need a locksmith either.
OP have you got space to bin it all - flats not always being very generous with bins? I hope it hasn't spoilt the joy of your first owned home.

RapunzelStyle · 20/03/2016 09:27

The OP owns the property but not personal items left by the seller.
Do not throw anything away - that might be construed as theft.
Put it all in a box and deliver to his solicitor's office. Or keep at yours with a deadline for pickup.

firesidechat · 20/03/2016 09:42

I've never changed the locks when we've bought a house. It's never occurred to me to do so. Do people really do this? For every external door?

UsedToBe I've never changed the locks either and the first I heard of it was on mn.

OhGodWhatTheHellNow · 20/03/2016 09:49

Our lock is a hundred years old and has a massive 'key to the city' type key, I wouldn't change it even if I could. Fortunately we bought the house off people we know so not an issue (ex owner is here drinking coffee every weekend).

Previously I've had the vendors dropping off a second set of keys three months after I moved in, which was a bit if a shocker.... I did change the lock on that door though, but for other reasons anyway.

tinyterrors · 20/03/2016 10:28

I've always changed the locks as soon as it's legally ours. It takes two minutes to measure the barrels, a quick trip to b&q to buy two new barrels for no more than £30 for both. To fit them it's a case of undoing a screw, push the old barrel out, put the new one in and put the screw back. I don't know why anyone wouldn't change the locks, I couldn't sleep at night not knowing who has a key to out home.

insertimaginativeusername · 20/03/2016 10:33

It's not theft to dispose of items left in a property!

HortonWho · 20/03/2016 14:39

I think a lot of posters are getting confused over a landlord / tenant situation. In that case a landlord does have a legal obligation to hold on to tenant's property and cannot just chuck it.

Same law doesn't apply if you purchase a property. If someone leaves a painting on the wall or a curtain on the rail and didn't specifically declare it as NOT part of the sale - you've bought it.

CointreauVersial · 20/03/2016 15:01

No, Horton, a lot of posters think that regardless of the "law", it's morally wrong just to sling out someone's possessions without at least giving them a chance to retrieve them.

OhGodWhatTheHellNow · 20/03/2016 15:24

I don't think I've ever managed to move into a house that didn't have stuff left in it, on the plus side I never had to buy kitchen implements...

HortonWho · 21/03/2016 14:51

I was responding to the ones claiming it wasn't legal. And I disagree about the morality of it - you sell a house, you sign a contract with agreed terms and then you ignore it and expect the other party to be inconvenienced because you can't be arsed to move your stuff out? No moral dilemma whatsoever.

Original poster

Teaandcakeat8 · 21/03/2016 16:14

Here's an update for you all:

So the estate agent called this morning with the additional keys as promised... The seller was very apologetic and apparently didn't expect the sale to go through yet. He didn't mention any of the left behind items which is just as well as I had binned most of them...

OP posts:

AcrossthePond55 · 21/03/2016 16:15

I think you never know what may be of value to another person. I'd box up personal items (i.e. not the soap or loo roll) and take it to the estate agent for them to notify the previous owner to pick it up.

And I'd change the locks. My DH has rekeyed them rather than calling a locksmith. You just change out the cylinder and pins. Google 'rekeying kits'.

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