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Small Claims Court
Hi, my wife and I sold a house 3 years ago and the couple who bought it have applied to the Small Claims Court for over �800, claiming that we removed items from the house that were included in the sale.
We had agreed to leave curtain poles and all permanent wall fixtures, which in my opinion we did.
They are claiming for:
- 7 curtain poles (�25 each) - we left curtain poles when we moved out.
- several pairs of metal tie backs (�12 per pair) - we didn't have these in the house, as we used cheap sticky back plastic hooks, which we left.
- three mirrors (�90) - one of these was a shaving mirror hanging on a nail
- ornate lighting (�100) - the contract said that if we were to remove any light fittings, then we must leave a flex, bulb holder and bulb, which we did
- 2 TV wall brackets - we removed these along with the TVs
- �200 labour costs, �155 interest, and �62 court fee
Do you think I have a good chance of success, as we left curtain poles and by the very nature of being permanent we left all permanent wall fixtures, e.g. skirting, architrave, radiators, fireplace, units etc. Or do you think the judge might rule that some of the above items are a permanent wall fixtures of the house?
If anybody has had a similar experience I would appreciate hearing what happened.
Stiof�n.
We had agreed to leave curtain poles and all permanent wall fixtures, which in my opinion we did.
They are claiming for:
- 7 curtain poles (�25 each) - we left curtain poles when we moved out.
- several pairs of metal tie backs (�12 per pair) - we didn't have these in the house, as we used cheap sticky back plastic hooks, which we left.
- three mirrors (�90) - one of these was a shaving mirror hanging on a nail
- ornate lighting (�100) - the contract said that if we were to remove any light fittings, then we must leave a flex, bulb holder and bulb, which we did
- 2 TV wall brackets - we removed these along with the TVs
- �200 labour costs, �155 interest, and �62 court fee
Do you think I have a good chance of success, as we left curtain poles and by the very nature of being permanent we left all permanent wall fixtures, e.g. skirting, architrave, radiators, fireplace, units etc. Or do you think the judge might rule that some of the above items are a permanent wall fixtures of the house?
If anybody has had a similar experience I would appreciate hearing what happened.
Stiof�n.
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For more on marking an answer as the "Best Answer", please visit our FAQ.you dont mention if you left the SAME curtain poles that they buyers had seen when they came round? did you fill in the holes that the tv wall brackets left? did you state you were going to leave the light fittings in that silly list thing you have to do? Did you leave the mirrors if you said you were going to? It seems a bit crappy for you, but having said that ive twice wanted to sue the bu99ers that left the place we were buying in a right state. Not that this helps you at all i understand, and im sorry i dont have any experience to help you
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The items weren't specified in the Fixtures and Fittings, but two days before completion I did agree to leave curtain poles and all permanent wall fixtures.
I did fill in the holes left by the TV brackets, and the only light fittings that the contract said I must leave were the flex, bulb holder and bulb. I did leave these, and in fact the whole house was spotless. My wife and I spent two days making sure that everything was gleaming clean e.g. oven etc.
We also left the purchasers a "Welcome to your new home" card, wishing them all the very best of happiness in the house and left a bottle of bubbly and two glasses on the fireplace.
I did fill in the holes left by the TV brackets, and the only light fittings that the contract said I must leave were the flex, bulb holder and bulb. I did leave these, and in fact the whole house was spotless. My wife and I spent two days making sure that everything was gleaming clean e.g. oven etc.
We also left the purchasers a "Welcome to your new home" card, wishing them all the very best of happiness in the house and left a bottle of bubbly and two glasses on the fireplace.
I would respectfully tell them to go away. After 3 years they have just decided that some things that THEY say YOU said you would leave were not.
Labour at �200 per day? and just what rate of interest do they think they're on?
Tell them to bollox, put in a counter claim for one bottle and two glasses at �800.
Seriously, I would doubt that any small claims judge would agree that after 3 years they could claim a penny, for an alledged verbal agreement. If you complied with the contract you should have no worries.
Labour at �200 per day? and just what rate of interest do they think they're on?
Tell them to bollox, put in a counter claim for one bottle and two glasses at �800.
Seriously, I would doubt that any small claims judge would agree that after 3 years they could claim a penny, for an alledged verbal agreement. If you complied with the contract you should have no worries.
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