house not vacant when bought

[what..the?]

Ok so we bought the house last year the house was vacant it is the garage, shed and green house which are full the to rafters with rubbish, all of these outside buildings are double sized too so that's a lot of junk.

As it was a private sale through solicitors I did a lot of background organising like confirming the property and out building were empty the owners were old and their son was dealing with all the sale details and chatting to email via email. He confirmed via email that he had emptied the house himself and said his parents had been down to clear out the out buildings but he had not checked.

He had left the keys at the property to allow easy access when the house was sold but no keys were handy for the out buildings we waited a week for the keys in the post and then another 2-3 weeks due the bad weather and the garden being over grown we could not get through to the outbuilding for long grass. When we did we found they were full up with rubbish.

We then asked through the solicitors to remove rubbish their excuses;

1) why did it take so long for you to ask (delayed keys, bad weather, over grown)
2) we though you needed the items (old rusty tools, old snapped mops, and old tvs)

[what..the?]

We have been asking for months now and they wont let up and collect items, it all needs to go to the tip which is proof it is all rubbish.

The solicitor has given up and if we want to pursue it he said it will cost even more to take it to small claims possible £1,000 or more. It would cost a £1,000 possibly to get people to remove the rubbish ourselves.

Any help please, I thought small claims was supposed to be cheaper and everyone uses it?

[squarebear]

Can't you just take it to the tip yourself?

[what..the?]

well I don't drive and bf works every minute of the day but he also has physical disability, The property is up a hill so its a long walk just to the car...that's why they didn't bother

[Jan1957]

It is down to your Solicitors to pursue this. If they have paperwork saying the buildings have been emptied, then they have to be. You paid your Solicitors to do the work and now they should finish the job.

[what..the?]

Well we know the solicitor's firm generally as we work with them every day they did the work for free, but I still think this is not an excuse to just give up, they have a legal right to see things are right and in order.

[Twenty20]

Tell your solicitor to write to the seller giving them 7 days to arrange to have the rubbish cleared, after which, if it's not cleared, you'll get it cleared yourself (there's loads of people who advertise to do this) and bill the seller. If they don't pay take them to the small claims court. You don't need to do the small claims through a solicitor, it's actually better not to, you do it yourself online and it costs very little (which you add to your claim).

[what..the?]

thank you twenty, if I apply to small claims in my name, if I lose does it put a black mark against my name for any reason...? Or is it just that I have to pay their cost etc?

[TonyV]

Twenty's advice is the correct way to proceed. You won't get a black mark against you. If you have email saying sheds have been cleared and they hav'nt, the guy cannot dispute it can he? IMO he's just trying to pull a fast one, why were the keys not avaible on day of completion???? I would get some estimates to clear, send them to him giving 7 days notice with some pics, giving him option of doing it himself . If no response start the court proceedings - cost will be no where near £1000, Just a few hundred which you can add to the claim. Only person to get black mark is the person you sue, him or his parents, I'm not sure? Would he want them to have the stress?
Just any after thought - take it you have a contact address?
Some general guidelines

http://www.hmcourts-s...bout/claims/index.htm

[what..the?]

thanks tonyV

What would I do without you guys....this has got under my skin too much to just be walked over I feel like getting someone to collect the rubbish and take it on a 6-8 hours cross country journey just to dump in outside their house and say "well you said it would be useful...well you have it!"

I know I would get done for littering/fly tipping plus the huge cost getting it there....well that's how much it annoys me.

Thanks so much for the help...

[TonyV]

Just some more after thoughts - lol
Make sure the people you get 3 quotes from have a current waste carriers licence - ask to see it, reliable companies, disposing off waste, within the law will have no problems letting you see it. If you employ someone without one (obviously cheaper) you will be held liable as well if it's flytipped - current fine upto £20,000 I think.

When you write your letter putting him on notice, send it recorded delivery. You may wish to ask him who court papers should be addressed to, him or his parents, that might make him think, and show him you are serious.

Before you apply to court, you will obviously have to have waste removed to show you have incurred a loss. You can also include any additional cost's you have incurred in your claim - have you?

[TonyV]

Cont and finally

Don't take it personally, just rise above it, and treat it as a "business" transaction,

[bednobs]

this has happened in every single house i have bought (probably not to this extent though) It makes me so cross when i empty the place we are vacating (and clean it!) only to go somewhere full of bloody junk. In this house, they left a bed that they couldn't be bothered to take or dispose off and under it? a couple of used condoms!
people are RANK

[what..the?]

oh blimey

[TonyV]

"oh blimey" to what?

[beso]

Don't know if it is an urban legend but I heard of a case where a contractor was brought in to remove the stuff from a shed after the owner died. The contractor agreed to do the job for free in exchange for anything he found.

Right in the middle under all the junk was a well preserved 1933 Rolls Royce.

[what..the?]

lol beso

TonyV I am 'oh blimeying' bednobs comment it makes me shudder

Thanks for the additional information there TonyV, much appreciated, yes I had thought of the license paper work (better safe than sorry) and yes it would be good to ask him where I should send the 'offical papers' to make it clear I am serious.

I am trying to get my head round the facts and what happens when:

1) take photos of rubbish and print copy of email saying the out building would be empty or that was his intention and my request.

2) make sure the solicitor can not act further, if he doesn't mind sending one last letter it will include photos, the email, any other info they signed at the purchase saying it would be vacant and three quotes for removal of the waste. It will ask that the rubbish be cleared at their cost otherwise I will seek the funds through the courts will state the names of those person i.e. the parents and their address and give them what 7-14 day do you think. If the solicitor doesn't do this I will write with all of the above myself.

3) If I don't hear within that period I will wait an additional 5 days and then instruct one of the quoted to undertake the work and be billed for the record.

4) Then progress through and personally apply through the small claims.

I am surprised this is not under the same law as fly tipping because when I purchased the property, people who no longer own said property and land 'abandoned' items of no worth on someone else's land without their permission.....

[TonyV]

ok
1'st question is how do you eat an elilifant(sp) one mouthfull at at a time

So you you need to get quotes first - this is being the nice way of doing it

If you feel like being proactive get your solicitors / you to write the "on notice" letter today. You just need to say that you will after 7 days employ contractors to rmove waste and bill them

[what..the?]

right ....I think I'm still being too nice aren't I...which has already got me no where well the solicitors have had full control of pursuing the rubbish removal up to now, it needs stepping up a gear def.

[TonyV]

ok - then send letter today putting them them on notice that if they don't do anything within 7 days you will after 7 days have expired (when you you know they have recieved letter) You do it - in the mean time you can be getting companies to quote but make sure you have pics