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Original poster

Sellers not removing items - saying it's 'sold as seen'

121 replies

Newusernameaug · 30/08/2023 10:31

I'm a cash buyer, no chain but the sale has been ongoing since April (so the last thing i want to do is delay it further....)

We're very near completetion and so asked to view the house again last weekend to measure a few bits and pieces up.

The house has stood empy for all this time and nothing has moved since we first viewed, so I emailed the sellers via the solictor and asked what items they would be removing as I may be interested in buying some and would the house be cleaned so i can preapre for the move.

The seller has responded 'I have no intentions of entering the property again so I won’t be cleaning it or removing anything. In my opinion it is sold as seen, therefore all the items will be left in for the buyer to keep or remove'

I've only purchased houses twice before - but is this normal for people to just abandon anything that's left for the buyer to clear out?

There are some bits and pieces such as a large wardrobe etc I wouldn't mind, so do I just accept this? However there is also lots of junk left behind! Any thoughts would be welcome.

OP posts:
Youcancallmeirrelevant · 30/08/2023 10:33

What did they list on the fixtures and fittings form? That is usually where thry state what is being left. What has your aolicitor/estate agent said with regarda to their response

Original poster
Newusernameaug · 30/08/2023 10:36

Nothing - they didn''t state any of the items.

The solictor said 'Can you please let me have your comments on the above. I don’t know what has been left at the property so am not sure as to what they have left and what the property has been left like, whereas you will have had viewings so will have more understanding of the state of the property.'

Thanks for the response @Youcancallmeirrelevant

OP posts:
Somanycats · 30/08/2023 10:38

Mmm elderly mil is trying this on, largely because she isn't able to physically organise getting stuff out of the house and dumped and won't let anyone else help her. She is moving to a one bed flat so doesn't need most of her stuff. Honestly I think the poor buyers are so sick of her they are going to just accept it and get in a house clearance once she is gone. But they are living with family currently so don't need to get in immediately after completion.

minipie · 30/08/2023 10:38

Usually the contract states the house is sold “with vacant possession”. This means they are gone and their stuff is gone except for anything you have agreed to buy.

Assuming you have exchanged, what does the contract say?

If it says vacant possession I would be saying that you will be keeping back a portion of the sale price to cover house clearance. Speak to your solicitor about how/whether you can do this.

Candleabra · 30/08/2023 10:38

This should have been dealt with by the solicitor ages ago. The TA10 fixtures and fittings form is part of the conveyancing pack that needs to be completed way before any talk of completing the sale.
Ask your solicitors where this form is, you should have seen it already.

Somanycats · 30/08/2023 10:39

Further to the above she said she would just be leaving light fittings etc, but she has no intention now of honouring that.

BatshitIsTheOnlyExplanation · 30/08/2023 10:40

If some of the stuff is useful, just accept the lot and chuck out what you don't want. The cleaning sucks, but at least you know in advance.

Minglemangle007 · 30/08/2023 10:41

I thought they had to leave it 'vacant possession ' and they can't just leave their rubbish behind. If they do they are liable for costs in removing their stuff. The problem lies in what constitutes vacant possession, so a few newspapers maybe OK but furniture in every room and a pile of stuff n the garden would not be.

Youcancallmeirrelevant · 30/08/2023 10:41

Newusernameaug · 30/08/2023 10:36

Nothing - they didn''t state any of the items.

The solictor said 'Can you please let me have your comments on the above. I don’t know what has been left at the property so am not sure as to what they have left and what the property has been left like, whereas you will have had viewings so will have more understanding of the state of the property.'

Thanks for the response @Youcancallmeirrelevant

Then i would go back through solicitors and say they either need to clear it as they didn't list any of these things on the fixtures and fittings, or you want a price reduction of X to hire a removals company to clear what is being left.

ethelredonagoodday · 30/08/2023 10:45

Yep as above, I'd get the solicitor to say you want an amount knocking off the price for a clearance company! We sold my late Dad's house recently and paid for a clearance company to take anything we didn't want. We'd not have dreamt of leaving it for the buyer to sort.

Namechangedforthis2244 · 30/08/2023 10:45

How much would a skip cost vs how much you would have been willing to pay for the things you want to keep?

If not much different I would just accept what they’re saying, keep what you want, bin anything else, and give the place a really good clean. You’ll probably get back the cost of a cleaner by putting any spare furniture on Facebook market place for cheap.

minipie · 30/08/2023 10:49

It’s not just the cost of a skip though is it, it’s hours and hours of picking up stuff throughout the house and putting it in the skip, not to mention there may be some things too heavy for one person to move.

HorsePlatitudes · 30/08/2023 10:54

Oh fuck that. Seriously. They will have to pay for house clearance.

User5653218 · 30/08/2023 10:55

Cheeky and annoying and not normal to just drop this in you so late in the day I'd be majorly pissed off.

But how badly do you want the move to go ahead?

Skip hire and a day's hard work plus a cleaner compared to the sale dragging on even longer?

I'd probably go ahead but be raging inside.

Realistically how much are we talking? Clothes in wardrobes and plates in kitchen cupboards? Just some basic furniture? 2 ancient broken cars in the garage? I guess I might be more forceful if there were things that would be harder to get rid of.

Original poster
Newusernameaug · 30/08/2023 10:57

Thanks everyone some good suggestions.

The TA10 Fixtures and Fittings form was done and they didn't state anything on there.

I think I'll ask to re view the house, and others suggested, calculate what i do and don't want and then figure out if it's worth negotiaiting the price of a skip off the sale price before exchange and completion go through.

The sale has dragged on for soooo long I'm also worried about doing something that will extend this! I'm glad to know though that IANBU in thinking this is not normal and very cheeky of them!

OP posts:
Geneticsbunny · 30/08/2023 10:58

Unless you bought at auction , in which case this is pretty normal.

Diyextension · 30/08/2023 10:58

minipie · 30/08/2023 10:49

It’s not just the cost of a skip though is it, it’s hours and hours of picking up stuff throughout the house and putting it in the skip, not to mention there may be some things too heavy for one person to move.

Then break / cut them up till one person can move them .

we had exactly the same with our house loads of stuff left, they had gone to New Zealand and the previous buyer had pulled out and had negotiated the stuff to be left.

I sold wardrobes, table , put free stuff outside the house and took the rest to the tip . Job done. 👍

endofthelinefinally · 30/08/2023 11:03

This happened to friend (couple of decades ago, so maybe things have changed), she got a house clearance firm in and they paid her for a lot of the stuff they took.
I hope you get it sorted one way or an another.
The same friend's current neighbours arrived on their completion day and not only was all the furniture in the house, the family were too! They had to get the solicitor involved with some sort of eviction notice. Some people are very strange.

mycoffeecup · 30/08/2023 11:21

Nope. If they leave anything not on fixtures and fittings, you can charge them for cost of removal. Suggest a stiff letter from your conveyancing solicitor.

Wexone · 30/08/2023 11:22

Happened to us before, we worked out the cost of the skip etc and that was taken off the final price. Owner was dead and who it was left to wanted rid. Got a kip and cleared out what was crap, what was good i put a notice up on local Facebook page saying anything left on the lawn was free to anyone who wanted it. Cleared a good bit away it did. Our sale had dragged on so much due to other issues we just wanted it to end

fizzandchips · 30/08/2023 11:27

We bought a house that was being sold through probate and the reason our offer was accepted we said leave it as it is and we will dispose. Best thing we ever did. Amongst the rubbish and dead rats we discovered power tools, ladders, cleaning products, black bin bags etc. As well as some stunning antique pieces of furniture. As above, we also left a lot of gardening tools outside for free and people were thrilled.

CrotchetyQuaver · 30/08/2023 11:31

No this is not usual, if it's not mentioned on the form then it shouldn't be there when you complete. If the seller has no intention of clearing/cleaning it then you need to try and negotiate a reduction to cover the costs of house clearance people and a good clean by a cleaning company.

I would arrange further viewings if there's things you would be happy were left.

CrackedChina · 30/08/2023 11:51

Are you sure one skip will clear it? Do you have help to drag the furniture around. We bought in a similar situation and spent £800 clearing out the house and rubbish. You quickly fill a skip if it's full of old beds and mattresses.

JaukiVexnoydi · 30/08/2023 11:59

Get a quote for a clearance service to come in on completion day.

It is reasonable to say that your offer was made in good faith on the basis of expecting vacant possession which is the norm for all property sales where not specifically advertised otherwise. If they are not offering vacant possession then the amount you are able to offer reduces by £X which is the cost you will incur to achieve vacant possession.

romatheroamer · 30/08/2023 12:04

The solicitor's query seems a bit odd to me. This is all very standard stuff, you tick the boxes on the fixtures and fittings form for what you are leaving behind and you also confirm on the form that you will leave with vacant possession. Surely the solicitor can read whether this was done.

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