Negotiating if its not left as vacant possesion?

[Elouera]

We are waiting to complete on a derelict home & every room is packed with furniture, clothes, work tools, old appliances & who knows what! Its supposed to be completed as vacant possession, but we feel the beneficiary may just leave it all there. We'd then ask for a reduction in the asking price due to the cost to clear, but what amount is reasonable?

Do we just get the average from house clearance companies, or ask for a little more off for the inconvenience of us having to sort this ourselves? Any tips appreciated.

What does the contract say about the condition the property needs to be in when it is handed over? I've always taken Vacant Possession to mean people not items (although items should be removed obviously, but like you I'd be doubtful in this case!) so you might need to get advice from your conveyancer.

@ChicCroissant- Ooohhh, I do hope vacant possession doesnt just refer to vacant of people!!! That hadntoccurred to me. The real estate said its supposed to be cleared of 'stuff' in the rooms, but yes, I would check with the solicitor.

have you been round for a look to see how the house clearance is going? you could offer a lower price and in return you will clear the property.

if you are at all concerned that you'll get there and it's full of crap then I would raise your concerns now with your solicitor. perhaps he could hold back part of the sale price until you've had access to the property on completion day and checked it's clear.

vacant possession to most people would mean the house and all outbuildings completely empty of people and all their possessions. maybe carpets and curtains left if that's been agreed between you.

Do not exchange until they have emptied it.

You are waiting to complete 🤦‍♀️😂😂😂
Get advice from your solicitor but i think ypu might be a bit stuffed.
We had a load of stuff dumped and just had to get on with it

Hold some cash back in case they don’t clear it.

If you're literally at completion stage, how do you plan to negotiate a discount?

Vacant possession means no people living there doesn't mean they will clear their tat you need to speak to your solicitor

It may we'll be sold as seen........

I almost bought a repossession once and the estate agent advised it wouldn't be cleared out

Caveat emptor - buyer beware

Go through solicitor asap, our chain was held up for 3 days because our sellers new house had a full skip on the drive and they wouldnt complete until it was moved.

In the UK standard terms of sale I think are that properties are clear of all contents except any items specified in the sale. If you think there’s a risk I would contact solicitor and estate agent ASAP. A house clearance/ rubbish removal company will give you a price for clearing.

We moved into a house full of rubbish once, the solicitor recovered the cost of the rubbish clearance for us. We did benefit from quite a few useful tools left amongst it.

We bought from a probate sale and although the house was empty (ish) the loft and garage were stuffed to the gills. It took 2 skips and numerous tip runs to clear it all.
We pushed for the previous owner to clear it but ultimately we didn’t get anywhere.

Vacant possession means no people living in the property. I exchanged and completed the same day on my present home but my solicitor refused to do the transaction until I physically inspected it first as there had been tenants in.

Vacant possession refers to people.

The vendors should remove anything not listed on the fixtures and fittings list. You need to speak to your solicitor before you dispose of the items yourself, you may have to give written notice and the opportunity to collect them. You should be able to claim the costs for clearing the house from the vendors.

As PP have said, vacant possession refers to people.

When we bought this place the bastard previous owner left us a garage full of crap, two beds, bedside tables, chest of drawers, mirrors, chairs, plates, bowls, a vacuum cleaner... We spent ages getting rid of it but while most went to the tip, we did manage to give some to the local furniture charity place, sold a couple of bits on FB and have made use of a couple of a bits.

No tenants though.

Oh, and that's the garage of crap PLUS everything else, not that all that stuff was in the garage!

Vacant possession does not refer only to people!

The seller should remove not only themselves, but all their possessions from the property apart from those fixtures and fitting included in the sale or agreed with the buyer.

Having once made the mistake of moving into a house without vacant possession - sheds and basement stacked full of the most astonishing range of crap from bin bags full of small plastic skeletons to what seemed to be at least three different dismantled cars, and everything you can imagine in between - don’t do it!

If you have no alternative, then budget a lot of money and time and hassle to get rid.

Speak to your solicitor.

If you’ve exchanged then what was in the contract/what did the sellers agree to? We’re yet to exchange but one of our queries was that the seller was inconsistent on their property information form/f&f form and answered both ‘yes’ and ‘no’ to the question ‘will you remove all items & rubbish from the property not included on the f&f list’. If they say no they won’t then we’ll have to talk some more! My solicitor advised that if they say they will but still leave crap behind (ie break their contract) then we should photograph for evidence, solicitor can pursue cost of removal but if they won’t pay its small claims court.

Thanks for all the replies. Maybe my terminology isnt correct? We are waiting exchange, then to complete?

No money has changed hands as yet, we dont have the keys, we havent moved in. The house is a deceased estate which has been empty for many years- except for ALL the furniture, clothes, tools etc.

We'd obviously take advice from the solicitor, but great to get peoples ideas and thoughts.

You don't sound terribly clued up, if you don't know that vacant posession refers to people, or you're actually waiting to exchange, which is very different to waiting to complete.

Until you exchange, the sale isn't guaranteed. It could fall through and anyone can pull out without financial commitment to the sale.

As you haven't exchanged, you still have leverage.

Get onto your solicitor (and also the EA) in writing and by phone to stress that you require a commitment that the property will be cleared of the stuff and that given the fact it is currently so packed with stuff, you'd like to inspect before completing. If they aren't willing to do that, then consider if you will offer a lower price to cover the removal of all the stuff - it will have to be done before you move in and it might be possible for you to organise it between exchange and completion. If you have to do this, go for the full-service where you pay a firm to simply totally clear everything from the house. Don't get into looking to see if there's anything you want or sorting yourself.

Oh, you’ve not even exchanged.
So it could all fall through tomorrow.
Totally different

OP, despite what is being said on this thread, vacant possession does mean that a property is empty of both people and their possessions.

You describe the property as derelict, so I’d imagine you are getting it for a low price which takes that into account. As the contents have been in place for years, it would be best to have them all removed by the seller as soon as possible, as when the house actually is empty, you will almost certainly find further defects and problems which are not currently visible or accessible. Eg, there may be rot behind or under furniture. There may well be damage caused by mice or insects.

If the sellers won’t clear the house, then you should get quotes for the work, and then add more to that to account for the time and effort involved, as well as the possibility of finding damage to the house itself.

Don’t underestimate how much it will cost to have the house cleared. It will be expensive and by the sounds of it, there is little of any value to sell.

You could make the property being clear a condition of exchanging contracts then, OP.

I know there is usually a clause about the property being clean and clear, probably the one that lemony referred to.

As PP have said, it's more expensive than you think to get junk removed from a house by a third party so you are right to look into it now!

Thanks for the replies. I should have used the word waiting to 'exchange', not 'complete'- simply used the wrong word!

I never claimed to be an expert on buying a house, hence I've come on here to ask for help! The real estate, solicitor and documents I have so far, all say that the house is 'supposed' to be cleared of possessions not fixed or wired in place.

I'm well aware that the sale could fall through and I do think there will be FAR more to repair and fix than is currently visible. I've already have a quote from a clearance company.

Obvioulsy, I do hope the vendors just clear it, but just getting info incase they dont.