Western Mail Property Doctor Column #15
By admin
Issued on behalf of Emyr Pierce Solicitors
The day I moved into my new house the key was missing to the garage. When it finally surfaced I discovered the place was choc-a-block with rubbish, left by the previous owner. Can I get rid of it all – and send him the bill?
IT’S very important when buying property to establish that there are keys available for every door and window lock in the house – and particularly access to the garage as it’s a place often used to store rubbish. Problems can occur when the property involved has been vacant for a time and the agent may not have been provided with all the keys by the owner. But if you’re viewing a potential property to buy it is absolutely essential that you gain access to look over all areas of the property and ensure that keys will be handed over on completion. However, in the event of not being able to access the garage until a few days after completion and then finding it full of rubbish, you are left with having to hire a skip and pay for the clearance work. In these circumstances, you will need to track down the seller (and your first port of call will be via his solicitor). As it’s a cost incurred by failure on the part of the seller to comply with his obligations you should technically be entitled to be reimbursed for the cost incurred by you in having the rubbish removed. This does not guarantee any reimbursement and solicitors are often embroiled in attempts to recover such sums from sellers who have left no forwading address etc. Just like any other debt you may be faced with a decision on whether or not to pursue the seller through the Small Claims Court if he has “done a runner!” Such circumstances are awful for buyers who have just moved into their new home with all the excitement and expectancy suddenly shattered by a lack of consideration on the part of the seller. Sadly, while there are people who will take a pride in ensuring they leave their homes in a pristine condition for an incoming buyer, there are others who couldn’t care less about the state they leave a house in. Legally, you don’t have to leave a property in a spotless condition – but your solicitor should ensure that the seller confirms in replies to preliminary enquiries that he will remove rubbish from all parts of the property. Favourite places for harbouring rubbish built up over the years and which a seller will not necessarily be keen to plough through and dispose of prior to a sale are the loft, garage, garden and any shed or outhouse. The golden rule for every buyer is to be certain you have ALL the keys for ALL the doors and windows on completion. The message for every seller is that if you insist on leaving a load of junk behind, your buyer will usually be entitled to have it removed at your expense – so take your rubbish with you when you move.
I’ve discovered problems with a double-glazed window in a house I bought two months ago. I know the window was fitted shortly before I bought the property. Can I make a claim against the installer/manufacturer under the original guarantee?
INTERESTING one this, and it affects a lot of people who have bought property where home improvements have been made. Guarantees normally either pass with the property (they are the ideal ones) or, more commonly, need to be assigned to the new owner. But – and it’s a big but – this must be done within 28 days of the property changing hands. If the guarantees have not been assigned to the new owner, then the company providing such guarantee is not obliged to recognise the new owner as having the benefit of it. Guarantees that typically need assigning are for damp-proofing, timber treatment and double-glazing installation, and like everything else there will usually be a fee payable for the assignment. Talk to the seller about what guarantees are still valid and check the small print for details of how to transfer them or whether they require transferring. The other important point to make here is to check that the benefit of the existing guarantee is already with the seller and that he is entitled to pass it on to his buyer. Confirmation needs to be gained that the guaranteeing company recognises the seller and the new buyer. Always ensure that you have any supporting documents in addition to the guarantee itself in the event of a claim as sometimes the guarantee itself is insufficient when making a claim.
