When purchasing a new home, buyers typically expect to receive vacant possession upon completion. This means the property should be free of the seller’s belongings, furniture, and any accumulated rubbish. However, one reader recently found their new house filled with unwanted items, including a broken washing machine with clothes still inside, a faulty fridge-freezer, dirty dishes, and old furniture. After incurring costs to clear these items, the reader is questioning whether they can recover these expenses from the seller.
Understanding Vacant Possession in Property Sales
Consumer lawyer Dean Dunham explains that, in most property transactions, sellers are contractually obligated to provide vacant possession. This fundamental principle ensures that the buyer can move into their new home and use it without encountering the previous owner’s possessions or waste, unless explicitly agreed otherwise during the sale process. The scenario described by the reader, where the property was left cluttered with broken appliances and personal effects, likely constitutes a breach of this contractual agreement.
If the seller failed to deliver the property in the agreed-upon condition, and the buyer had to reasonably pay for the removal and disposal of these unwanted items, they may have a strong case to reclaim these costs. These expenses can be viewed as a direct loss resulting from the seller’s breach of contract.
Key Steps for Buyers Facing a Similar Situation
Before pursuing a claim, it is crucial for buyers to meticulously review their purchase contract and the TA10 Fittings and Contents Form signed during the transaction. These documents will confirm whether any of the items left behind were agreed upon to remain at the property. If no such agreement was made, the buyer’s position is significantly strengthened.
The recommended course of action involves formally communicating with the seller. This should include:
- Writing to the seller to clearly state that the property was not handed over in the condition stipulated by the contract.
- Providing photographic evidence of the items left behind.
- Submitting a copy of the invoice detailing the reasonable costs incurred for the clearance and disposal of the rubbish.
- Formally requesting reimbursement for these expenses.
It is important to focus the claim on the actual, reasonable costs of removal, rather than seeking compensation for inconvenience. Overstating the claim could weaken its validity.
Navigating Parking Disputes and Dropped Kerbs
In a separate query, a reader’s daughter is experiencing difficulties with a neighbour regarding parking. The neighbour recently had a kerb outside her house lowered, ostensibly to allow access to off-road parking. However, the neighbour claims that because the kerb is dropped, no one else is permitted to park on the public highway in front of her property. This assertion led to an incident where an egg was thrown at the daughter’s car when she parked there due to a lack of alternative spaces.
The Law on Dropped Kerbs and Public Parking
Dunham clarifies that a dropped kerb does not grant the homeowner any ownership rights over the adjacent public road or create a private parking space. The highway remains public property, and unless specific restrictions like yellow lines, resident permit bays, or other official designations are in place, any member of the public is generally free to park there. The neighbour’s claim of exclusive parking rights is unfounded, especially given that she cannot even utilize her own front garden for parking due to an existing wall.
However, there is a critical distinction to be made regarding parking directly across the dropped section of the kerb itself. Under the Traffic Management Act 2004, parking a vehicle across a dropped footway is considered a civil parking contravention. Local authorities have the power to enforce this, potentially issuing a penalty notice. Some councils are known to enforce this rule strictly, even if the resident does not have a usable driveway or has not lodged a complaint.
Therefore, while parking on the street near the property is permissible, parking directly in front of the dropped kerb could lead to a parking fine. It is advisable for the daughter to ascertain her local council’s specific enforcement policies regarding dropped kerbs, as these can vary significantly.
Addressing Neighbourly Conduct and Potential Harassment
Beyond the parking issue, the act of throwing an egg at a vehicle is a serious concern. Such an action could be classified as criminal damage if any harm or damage is caused to the car. If this behaviour is repeated, it could escalate into harassment, which is a criminal offence.
The advice given is to avoid any direct confrontation with the neighbour. It is recommended to document the situation thoroughly by photographing the dropped kerb, the wall, and any relevant road markings or signs. Maintaining a dated record of all incidents is also important.
Should such an event occur again, particularly if the car sustains damage or the daughter feels threatened, she should report the matter to the police. Gathering evidence and involving the authorities is the most prudent approach to resolving such disputes and ensuring personal safety.
Conclusion: Protecting Your Rights as a Homeowner
For buyers finding their new homes encumbered by the seller’s unwanted possessions, understanding the right to vacant possession is key. By carefully reviewing contracts and formally communicating with the seller, recovery of reasonable clearance costs is often achievable. Similarly, in disputes over public parking, knowing that dropped kerbs do not grant exclusive rights is vital, though awareness of parking restrictions directly on the dropped section is necessary. Addressing aggressive behaviour, such as vandalism or harassment, requires careful documentation and, if necessary, reporting to the police to ensure a safe and lawful resolution.
