New homeowners who discover their property was not left in the expected condition upon completion may have grounds to recover the costs of clearing out unwanted items, according to consumer lawyer Dean Dunham.
When a property is sold, sellers are generally obligated to provide vacant possession, meaning the buyer should be able to move in without encountering the seller's belongings, furniture, or rubbish, unless explicitly agreed otherwise. Discovering items such as a broken washing machine with clothes inside, a defunct fridge-freezer, dirty dishes, or unwanted furniture could constitute a breach of contract.
If a buyer incurs reasonable costs to remove and dispose of such items, they can seek reimbursement from the seller as a loss resulting from the breach. However, it is crucial to review the sale contract and the TA10 Fittings and Contents Form signed during the purchase process to confirm that none of the items were agreed to be left at the property.
To pursue a claim, homeowners should formally notify the seller in writing, detailing the condition in which the property was received. Providing photographic evidence of the debris and a copy of the clearance invoice can support the request for reimbursement of reasonable removal costs. The claim should focus on the actual expenses incurred, rather than compensation for inconvenience.
In a separate matter, a consumer query addressed parking rights related to dropped kerbs. A homeowner questioned whether a dropped kerb outside their property, intended to facilitate off-road parking, prohibits others from parking in that location. The advice clarifies that a dropped kerb does not grant ownership of the public highway or create a private parking space. Unless specific restrictions like yellow lines or designated bays are in place, anyone may park on the road, regardless of a dropped kerb.
However, parking directly across the dropped section itself is a different issue. Under the Traffic Management Act 2004, this is considered a civil parking contravention that local councils can enforce with a penalty notice. The enforcement of this rule can vary by council, even if the resident has no usable driveway. It is advisable for drivers to check their local council's specific stance on parking near dropped kerbs.
The incident of an egg being thrown at a car due to a parking dispute is also addressed. Throwing an object at a vehicle could be considered criminal damage if harm is caused, and repeated incidents may escalate to harassment. It is recommended to avoid confrontation, document any incidents with photographs and dated records, and report such behaviour to the police if it continues or if damage occurs.