New homeowners who discover their property is not vacant upon completion, due to the previous owners leaving behind unwanted items and rubbish, may be able to recover the costs incurred for clearing the property. Consumer lawyer Dean Dunham KC stated that sellers are generally obligated to provide vacant possession upon completion, meaning buyers should be able to move in without encountering the seller's belongings or refuse.
If a seller fails to provide vacant possession by leaving items such as a broken washing machine full of clothes, a broken fridge-freezer, dirty dishes, or unwanted furniture, and the buyer subsequently incurs reasonable costs to have these items removed, the buyer may have a claim to recover these expenses. This claim is based on a potential breach of contract if the property was not handed over in the agreed-upon condition.
Buyers are advised to check their purchase contract and the TA10 Fittings and Contents Form signed during the buying process to ensure none of the items left behind were explicitly agreed upon. If no such agreement was made, the buyer should formally write to the seller, detailing the condition of the property upon handover, providing photographic evidence, and including the invoice for the clearance costs. The claim should focus on the actual, reasonable costs incurred rather than compensation for inconvenience.
In a separate but related matter, a reader inquired about a neighbor who had a kerb dropped outside their house and subsequently claimed no one else was allowed to park there. Dunham clarified 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 can generally park on the public road. The neighbor's claim was deemed incorrect.
However, Dunham cautioned that parking directly across a dropped kerb section can constitute a civil parking contravention, enforceable by local councils, potentially leading to a penalty notice. The enforcement of this varies by council, and drivers are advised to check their local authority's stance. The lawyer also advised that throwing objects at vehicles could be considered criminal damage or harassment, and any such incidents should be documented and reported to the police if they persist or result in damage or a feeling of threat.