Legal based advice for property after sale (UK )?

Question

I sold a house, completion in Late july however I have today had a phone message from the Estate AgentsSaying that the new owner is unhappy with some rubbish left at the property and having it removed, the bill coming to me. There were some items left which I considered useful to the property or to the new owner, I'm sorry he never saw it that way. I may have a legal obligation to compensate him however I dont feel like it and would rather force him to act through his solicitor. Which would cost him money. What advice would you give me to do this. PS yes I am a worm I'm sure. no abuse thanks.

Answer 1

Dear Mr. Worm (ha-ha!)

The only contract between you is the one you signed concerning the sale of your house. Some Agents have a contractual terms requiring the removal of all rubbish and personal effects.
Some merely request it.
Unless you agreed, in writing, to remove rubbish and personal effects, you have no legal obligation to compensate our house-proud friend.

But what if you did have such an obligation, which you agreed to in a fit of madness?

Well, I assume the costs of clearing away your 'useful items' was relatively modest. If the claim is less than £5,000 it's automatically a small claim and therefore neither side recovers costs if they win.
So you might put him to hassle and aggravation, but no costs (I doubt if he'd use a solictor to recover a few hundred pounds).

So the advice depends of what you signed.
If no contractual obligation, tell him to go whistle.
If you signed up, then wait for the claim form and then either pay up or enjoy your day hanging around some crappy county court.

Hope this helps!

Answer 2

The question of whether you are liable turns on an interpretation of the contract for the sale of the property. You should check the terms of this, it may well say that the "Standard Conditions of Sale (4th edition)" are incorporated - these detail how the property is to be sold etc. If there is no contractual obligation on your part to clear the property of rubbish/fixtures and fittings/whatever you left, then you don't have to pay the costs of removal.

Answer 3

Depends on what he calls rubbish and what you actually left. How do you know he isnt just decorating to his liking and giving you the bill for the clear up??

Personally...i would have expected a call before now...as in when he moved in. I would also have expected him to suggest a compromise...not...heres the bill for the rubbish you left.

Down to you mate....you can either pay it and put it behind you or let him provide evidence of exactly what he cleared. If he puts a claim into the court against you i think the judge would understand you replying with a part counter claim (yeah pay some of it out of good gesture but not all)given the fact that the contract was deemed fullfilled over a month ago

Answer 4

If the questions before contract stated that all rubbish be removed from the property, he does have a strong case.
If he did not specifically request this, and in view of the time lapse I would wait to hear from his solicitors and perhaps offer a contribution that you think reasonable rather than the whole amount. He may decide not to pursue the matter in view of the costs and time involved.

Answer 5

One man's useful collection of objects is another man's pile of rubbish. It is always prudent to ask the new owner beforehand if he would like the things in question, otherwise he is entitled to the cost of removing them. Is there any prospect of your offering to remove them yourself to save the extra expense?

We once bought a property from someone who was at the opposite end of the spectrum: he even removed the light bulbs!

Answer 6

you are legally obliged to pay for this removal of rubbish, if you make him go through a solicitor he will still win and then you will have his solicitors bill too, hahahah you worm thing you