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what happens if the sellers don't clear the property

10 replies

HappyThursdays · 03/08/2021 08:07

our sellers just want the money from the sale of the house - they couldn't care less, didn't engage in the selling process at all. Barely filled in the Furniture and Fittings form, answered not one question we asked, they employed one of those online conveyancing firms who didn't engage with our solicitors unless it was to do with when we were going exchange.

the house is full of furniture and belongings and they have only just got a skip. I can hear the estate agent is nervous about them clearing the house. He says he calls them every day to remind them that it has to be empty but I can tell he is worried.

So what happens if we turn up on Monday, moving day, and the house is not empty. Do we have any recourse to the seller?

OP posts:
Tibtab · 03/08/2021 08:23

www.samconveyancing.co.uk/news/conveyancing/seller-left-personal-property-in-house-what-can-you-legally-do-6018

This is a useful link.

Ideally you would have a final inspection before exchanging. However, you can charge them if you have to pay to get rid of items but you have to give them the opportunity to collect first.

HappyThursdays · 03/08/2021 08:25

Thanks. We have exchanged already and the house is still completely full. I don't think it looks good tbh but we can't turn the truck around on Monday as we have people moving into our house that day so we are just going to have to roll with it!

OP posts:
Heronwatcher · 03/08/2021 08:26

I would speak to your solicitor and suggest that you retain some of the sale proceeds to cover the cost of a house clearance firm. If they can send pictures of the house completely empty or allow you to inspect with the estate agent before completion (make sure you check the loft and outbuildings) then you will release the money. Use what the estate agent has said as evidence.

EmmaGrundyForPM · 03/08/2021 08:27

Are they still living there? If so, surely they would still have all their stuff in it.

MrsSkylerWhite · 03/08/2021 08:28

I wouldn’t be worrying. It’s a week away and they have a skip. Why would they take their furniture out before moving day?

LIZS · 03/08/2021 08:28

It is for EA to sort out. If the vendor is not leaving it vacant as per the contract can they book house clearance ?

Didicat · 03/08/2021 08:31

We had the same issue and in the end we offered them the garage for 2 weeks to collect it... they arranged a house clearance company to come and collect it all.

The house was filthy and I spent forever cleaning it , luckily this was pre kids. I would say get a carpet cleaner and cleaners sorted to come and clean the grimness away before you start unpacking.

HappyThursdays · 03/08/2021 08:31

sorry I wasn't clear. It's a family member's (family member of the sellers) property (an old lady who passed away ages ago) that is still full of all her stuff. And I mean completely full. One of the family lives opposite but even on viewing the property, they basically made it clear they can't wait for the money from the sale as I think it was an unexpected inheritance.

we have made it crystal clear the whole way through that we are expecting vacant possession.

I'm going to ask for a pre completion inspection by their EA - thanks, that's a good idea.

OP posts:
HappyThursdays · 03/08/2021 08:33

yes I think it's going to need a lot of cleaning @Didicat!

OP posts:
burritofan · 03/08/2021 08:42

In my experience you can do fuck all about it – the legal fees to force them into adhering to the contract outweigh the cost of a house clearance.

Our seller got away with murder, left all kinds of shite. No forwarding address and her solicitor wouldn’t engage because not paid to.

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