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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Vendors have left tons of rubbish and possessions....

60 replies

Bearberry · 07/01/2017 22:02

I've posted on property too but thought maybe I could get some opinions here as well.... Apologies for such a long post but some background seems necessary as to not drip feed. Our vendors have been seriously hardwork through out the entire process. We live in a small town where everyone knows everyone at least indirectly. They chose a online estate agency who were stringing along the process of us putting in an offer so we ended up contacting the vendor directly. Turned out the agency were lying to the vendor too and they decided to cut them out. So from that stage of offer being accepted we have had no agent.

They are purchasing a vacant flat which is part of an estate, and is literally round the corner from the house we have brought from them.

Due to several delays with the top of the chain we eventually insisted they break the chain or we would pull out. We had been ready to exchange for 4 months by now and it was delay after delay with their purchase which we know via our solicitor on many occasions they were downplaying or outright lying about.

They finally broke chain and we exchanged before Christmas (22/12) with completion date for 6/1. We arranged to collect the keys at 1pm (a time they suggested). I understood that they were initially looking to move into their new purchase early and 'rent' it from their vendor until that purchase was completed. Therefore we assumed as they wouldn't be waiting on their keys that day it should be quite a smooth process.

However they didn't leave until 3 pm and have left 4 van loads of possessions and rubbish in the house and garden. The house was also completely filthy (think uncleaned loo, food in the sink...)

We have spent hours cleaning and packing the remainder of their stuff before we could start to move our own. Fortunately we are moving from a rented place so have the whole weekend. After several requests to come and pick up stuff first thing this morning, only one of the vendors arrived around midday. He is unwell and was unable physically to move items. So we loaded his van for him on 3 occasions and then moved last van load onto street in front of house to allow space for our items. When he returned we offered to load van again for him but he angrily announced he was taking no more of the furniture and we would need to dispose of it. Needless to say none of these items were on the fixtures listing to remain.

So now we have a van loads worth of rubbish and furniture outside of the house to dispose of...

We have now changed the keys as we don't trust the vendors at all and feel they may well have a spare set.

Now here's the point I guess... they've left a motor bike in our shed at the back of the garden. I fully expect they will want to come and pick it up as they've mentioned it several times. We gave them ample opportunity today but they didn't take it on any of the trips back. We feel like if they're willing to blatantly leave all of their old crap and point blank refuse to collect it then they can leave the motor bike too? We can't really stand off with them over the rubbish as it's literally in the street and we will need to move it. However I don't see why they should have the bike!

Am I being petty and angry? Is it worth the fued (they have moved very nearby and it's a small town - not that it seems to deter them from screwing us Hmm )? Any ideas on the legal standpoint?

Also they informed us today that they have moved into their new flat but not informed their vendor and they are not due to complete for another week. So they are basically squatting. I know they got the keys from the estate agents in order to have plumber in so I can only imagine they either intentionally left place unlocked so they could have access or they have had keys cut. Wondering whether we should do something with that information?!

OP posts:
DontTouchTheMoustache · 07/01/2017 23:08

bearberry it's completely understandable how angry and frustrated you are, I've had grievances in the past leaving me feeling the same way but it would be much worse if you end up getting into dodgy legal ground, as tempting as it may be. I can't claim to be an expert on the exact legality here but I do have a law degree from a few years ago so I have a general idea and I think the best thing you can do right now is what you are doing, vent on MN then get proper legal advice. No threats, it's only potential evidence to be used against you...

HaloOnFire · 07/01/2017 23:10

Don'ttouch, the registered keeper and legal owner can be two different people. Just because a name is on the V5 document doesn't mean they own it.

Bearberry · 07/01/2017 23:12

Yep Kristy that's what I feel like doing! Their daughter and her family actually live in the same road too and I know her from baby groups. It really is a small place and I'm surprised they have the nerve!

We also suspect, but cannot prove, that they told our landlords we were purchasing. We were waiting to give notice after we exchanged but they miraculously found out and we know the vendors know who they are and it served their purpose at the time. This put us in a very difficult position as we effectively had to give notice before we exchanged which we really wanted to avoid in case anything went wrong with purchase!

OP posts:
DontTouchTheMoustache · 07/01/2017 23:13

halo but that would then fall unto a civil matter of proof of ownership, if the vendor has made it clear to op that they intend to pick up the bike then op would have very little case to suggest she is the registered keeper

TheThingsWeAdmitOnMN · 07/01/2017 23:15

🍷

I don't blame you for being pissed off. Not one bit!

However, just take a deep breath. Being angry isn't getting YOU anywhere. Your new home is now properly clean and you can finish moving into it tomorrow. Their rubbish will be there for a few days, you will (I assume) live there a long time, don't let this spoil your feelings about moving in.

Photos tomorrow
Email tomorrow advising they collect on before mid day Monday or you'll take legal action
Solicitor Monday if it's not gone by the time you stipulate in your email.

Tonight, spend time with your SO plannIng where things are going, any plans for renovations, redecorating or just take them to bed & forget about the house 😉

...you'll probably fall asleep before it gets interesting 😂

steppemum · 07/01/2017 23:16

The legal stance is that they have now sold everything to you. (I'm not a solicitor, by the way, but it is common knowledge that on completion you own everything left.)

This is bollocks.
there are often threads like this and that common knowledge is NOT the legal situation. See my example of parents and cars left on the property we bought. They did NOT legally belong to us.

YOu must get advice from your solicitor.

Bearberry · 07/01/2017 23:16

Stonesinmypocket... the vendors are a couple with young men able to help yesterday. No idea why just the unwell H turned up today. We did feel bad for him being ill, hence why we moved it all into the van for him. 3 times.

Ultimately it's their crap and if they cannot physically move it they should hire somebody who can. They had plenty of notice and agreed on time and date.

OP posts:
MrsLyons · 07/01/2017 23:17

When this happened during our hous purchase our solicitor advised us that no, legally we couldn't dispose of the stuff as it was still theirs (unless detailed on fixtures and fittings), but neither did we have to let them onto our property to retrieve it (and if they came in uninvited, it was trespass).

He was essentially giving us a wink and a nudge to say we could get rid of it.

Worth checking with yours though.

Bearberry · 07/01/2017 23:18

Solicitors first thing Monday morning and I'll try not to lose my shit with them in the mean time Grin

OP posts:
DontTouchTheMoustache · 07/01/2017 23:22

Attagirl! Grin good luck with it OP, I know it's shit and feels like it's ruining your new house experience but just try and put it to the back of your mind and enjoy your new home, in a few weeks this will all just be a minor annoyance

TheThingsWeAdmitOnMN · 07/01/2017 23:22

Given that you know the daughter I'd go there tomorrow, explain that her Dad didn't look well yesterday and that despite YOU loading his van several times they weren't able to take all their stuff and her Dad said he wasn't coming back for it. Explain that you need it gone and does she know if he's organising to come & collect it himself or for a rubbish removal company to do it and is the motorbike being dumped as well?! Say you really don't think you can continue leave it all out in the front garden like that...

Suggest you could start asking around the village if anyone can help...

Maybe you can embarrass her into action!

LockedOutOfMN · 07/01/2017 23:25

Sorry, I haven't read the whole thread. I understood that it was the agent's (your agent's) responsibility to ensure the property is clean and empty before giving you the keys. Where necessary your agent should liaise with the vendor's agent as necessary to ensure these things are done.

As other posters seem to be advising, please take advice from your solicitor.

dancemom · 07/01/2017 23:29

Take everything round and ditch it outside their new home

HaloOnFire · 07/01/2017 23:34

Quite true don't but wanted to put straight a common misconception that registered keeper is always the owner.

alreadytaken · 08/01/2017 00:20

these are now abandoned goods in law - but unless your contract gave you the right to do so (do you have a copy to read?) you cant just dispose of them without proof that the owner doesnt want them. You may even have a legal duty to take care of them and not leave them in the street. However you can charge storage.

Legal advice before you scrap anything.

Casschops · 08/01/2017 07:34

I had this problem too when I moved into my first bought house although it was all stuff in the garage and lofr by at the end of the day the space is yours. I would write them a letter if you don't have an address send it to their solicitor to pass on, detailing all the items down to the last odd sock. Give them a week to collect the stuff then say you will be putting out in the front garden for them to collect at their convenience
I'd they dont collect it, ask a charity to take it and keep a receipt. With regards to the bike leave it again at the front of the house and if it gets nicked it's not your monkey. Keep a record of everything you wrote down.

Casschops · 08/01/2017 07:44

I would leave the daughter out of it, you nw d is careful not to "harass" her or you could end up in trouble. My friend has essentially abandoned her home and it needs some work and it is affecting the neighbours property. Every few days her neighbour visits me to rant about it and although I think my friend is behaving poorly it's not my problem so I'm not getting involved. It just gets annoying. I feel sorry for you, I'd just think to hell with this and get it all bar the motot bike to the tip. What can they do really tell the police that you got rid of Los of tat. It would get laughed off. Good luck

GETTINGLIKEMYMOTHER · 08/01/2017 07:49

I bought a flat where I suspected that the vendor was going to do this. The place was full of rubbish and manky old furniture anyway.

I told the EA and the sol that I was not going to complete unless he cleared the place completely - I did not intend to have to pay anyone else to take his old crap away.
Sure enough - I was there to check with the EA -he left quite a bit, including a manky old sofa, so completion was delayed for a day until he got rid of it. He wasn't happy, but tough. EA did not seem to think I was being remotely unreasonable.

Anniegetyourgun · 08/01/2017 08:27

Some bad cases of RTFT going on here - or even RTFOP. It was clearly explained in the very first paragraph why there are no estate agents involved (some posters were merely recounting their own experience, that's fair enough, but it's no good advising what the agent should be doing if there isn't one). There's probably a lesson in here about not buying directly from an individual as a general principle, horrible though some estate agents can be.

She also explained in that opening post that they had provided help in loading the van but that the unwell vendor had refused to let them load the rest. In the circumstances, solicitors first thing Monday morning and I'll try not to lose my shit with them in the mean time has to be the best way forward, I'd have thought.

dowhatnow · 08/01/2017 10:11

If they dobbed you in, them I might be sorely tempted to dob them in too. But wait till after you speak to the solicitors.

GeillisTheWitch · 08/01/2017 10:31

We had similar when we bought our first house, the vendors left loads of random crap behind including a frying pan filled with fat on the hob and clothes hanging in the fitted wardrobe. The attic and shed were full of their crap, we had to hire a skip to get rid of it. We'd been told they were emigrating so I was shocked to find the woman at my door a couple of weeks later asking for her clothes back Shock. She wasn't impressed when I told her they'd gone in the skip, but seriously what did she expect, we weren't running a free storage facility for them, they'd had plenty of notice of when the house had to be empty.

TheNiffler · 08/01/2017 11:36

We've had similar, the solicitor dealt with it. You CANNOT just bin it, sadly.

We learnt from that to never complete until you've had the opportunity to check everything that should have gone has actually gone, and everything that is supposed to be left is still there.

lljkk · 08/01/2017 14:02

It sounds like they have given OP permission to bin all the stuff on the street (put a free sign on it).

As for motorbike, could OP take it to the daughter's house & ask her to store it? Could the daughter get keys to the M-bike so that it can be moved?

BabychamSocialist · 08/01/2017 14:21

Isn't this how people end up with a painting worth millions on the Antiques Roadshow?

"Oh we moved in in 1962 and the previous owner left it behind, he never came to pick it up, we'd love to find him and give it him back..."
"Well it's a lost Picasso worth £20m!"
"...Fuck him! Kerching! Come on Brenda, we're going on that cruise!"

EnterFunnyNameHere · 09/01/2017 09:49

Morning OP, hope you get useful advice from the solicitor today.

Watching with interest as this is not wildly dissimilar to what we had, and I've always wondered what we should have been doing (it was more obviously old tat at ours though)...