Homeowner Faces Question Over Abandoned Items: Should They Be Removed by Former Owner?
Newly-Moved Homeowner Fed Up With Unwanted Junk from Sellers
Moving into a new house is exciting, but what if the sellers decide to leave behind unwanted items that aren't to your liking? That's exactly what happened to our reader who found their new home filled with rubbish they definitely didn't want!
The house in question had a mouldy fridge, grimy appliances, a cheap chest of drawers, a gigantic wardrobe, an old sofa, and some stained curtains. In the garden, there was rotting pallet furniture, and the shed was full of unwanted junk.
The sellers had the audacity to ask if our reader wanted to buy some of these items when they sent over the fixtures and fittings list. But our reader declined, only to find them still there upon moving in. When confronted, the sellers simply said, "Sorry, we thought you'd like them."
Now the homeowner is stuck with the task of getting rid of all this junk, which will be both annoying and expensive. Can they get the seller to pay?
Leaving furniture and appliances in a property when selling it is a tricky business. What may seem generous to the seller could create a headache for the new owner if it's something they don't need or fancy. The Fixtures and Fittings Form (TA10) is a legally binding document that all sellers must fill in before the exchange of contracts.
It lists what items will be included or excluded from the sale, from light fittings to loo roll holders, and gives the seller the opportunity to name a price for particular items the buyer may wish to purchase. However, leaving behind items that the buyer explicitly did not want and wasn’t mentioned on the TA10 form may be considered a breach of contract.
Ed Magnus of This is Money advises that ridding oneself of the furniture left behind may not be simple. Retailers will often take away old items when buying new ones, but getting rid of the rest might require hiring a removal service or finding a charity or second-hand furniture store to collect the items.
Ultimately, if removing all the junk is going to cost both time and money, it would be good to know if one can claim some form of compensation from the seller. In this case, seeking professional advice from a solicitor might be the best course of action.
Paula Higgins, chief executive of Homeowners Alliance, states that if the seller left behind items against the buyer's wishes and is in breach of the contract, one may have grounds to claim compensation for removal costs. Jonathan Handford of national estate agent group Fine & Country agrees, emphasizing the importance of working with experienced estate agents and solicitors to ensure everyone is aware of what has and hasn't been agreed upon during the buying process.
To document evidence, take clear, timestamped photos and videos of the items left behind, and get quotes and invoices for removal and disposal costs. If all else fails, filing a claim through the small claims court could be an option to recover reasonable costs. Don’t forget that sometimes negotiating with the seller may result in a mutually agreeable resolution, avoiding the need for legal action.
Moving forward, it's crucial for sellers to be mindful of what they leave behind in a property, as unwanted items can disrupt the new homeowner's lifestyle and contribute to home-improvement and home-and-garden maintenance costs. If a seller breaches the contract by leaving behind items against the buyer's wishes, as seen in our case study, the buyer may have grounds to claim compensation for the subsequent removal costs. Thus, it's essential for sellers to fill out the Fixtures and Fittings Form (TA10) accurately and refrain from leaving behind items not listed on the form.
