contents in a repossessed house

[Rasser]

I am buying a repossessed house and the previous owner has left all of his personal belongings cheque books, furniture, TV etc as if he went to work one day and never returned! Should the bank clear these out before i take possession ? If not are they mine or does the previous owner or HP company have any claim after I complete

[Buenchico]

Unless your contract with the vendor (i.e. the bank) specifically states that the property will be transferred to you in an unfurnished state, I doubt that the vendor has any responsibility for removing the contents.

The contents of the house remain the property of the former occupier (or finance company, where appropriate). You can't dispose of them until you've taken reasonable steps to serve notice on their owner, stating that you'll regard them as abandoned if they're not removed within a reasonable time, and providing the opportunity for them to be collected.

The law isn't easy reading:
http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Legislation&title=interference+with+go ods&searchEnacted=0&extentMatchOnly=0&confersP ower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS& PageNumber=1&NavFrom=0&parentActiveTextDocId=1 343923&ActiveTextDocId=1343942&filesize=13127

This is simpler:
http://www.landlordzone.co.uk/uncollected_good s.htm
(That page is intended for landlords but it's just as relevant in your situation).

The circumstances you describe suggest that the previous occupier might well be a current guest at one of Her Majesty's 'hotels'. Upon his release he might well turn up on your doorstep, wanting his property back. It would therefore be wisest to ensure that you do everything strictly by the book.

Ask the neighbours to see if they know where the guy might be contacted. Ask the postman if mail is currently being redirected from the house. (Or try w

[Rasser]

Thanks for the info-I now see why the estate agent was being coy about this, possibly trying to pass the problem onto me.

[cassa333]

Not being a legal person it seems clear to me that the estate agent should contact the vendor ie bank/building society and ask if the contents are included in the sale. If not then they should be told to move it if it is then it is yours to do with as you see fit.

But as I said not a lefal argument.

[Rasser]

The problem is that the bank can't give better title to the one they already have on the contents, which I presume is none, unless they have taken a charge somehow over all of the previous owner's assets, which is unlikely.
I will now leave it to my solicitor to obtain a definitive answer and possibly walk away if I can't get one!
Thanks for your answers.

[cassa333]

My be all you have to do is put a notice in the local paper, give a time frame for the owner to come forward then get rid.

If as has been suggested that he is on an 'extended holiday' and comes back to get it you can show due dillegance etc.

[factor-fiction]

You should be entitled to charge for storage!

[Eve]

This is one of the problems with repossession sales. The lender cannot give title and the usual response that you would get from the lender's solicitors would be that after exchange, they can keep what's in the property.

Doesn't help if you are left with a load of crap though and someone comes knocking.

It also doesn't help if there is anything subject to a HP or credit agreement or similar.

I would try to get it cleared before completion so if anyone comes calling then you can tell them the bank disposed of it.

You could try neighbours to see if they know what happened to whoever lived there. It could be that he has died or is incapacitated in some way or legged it for some reason - or in prison.

You could try googling the name on the title register as it will still be in the original owner's name, the bank will be selling under a separate power of sale (TR2).

[Rasser]

Thanks everyone for your answers. I finally decided that I didn't want to rent a house to my daughter that might have people knocking on the door, or worse, claiming back assets etc and asked that the vendor, Abbey National, to clear everything out. They would only do a 'sweep and clean' and pile the furniture and personal belongings, including private papers in a corner' so I have therefore withdrawn my offer. Can't believe they would lose a sale on this basis and after it was only on the market 2 days. Their loss, but I hope some poor young couple don't get suckered into taking it on as it stands. Hopefully their solicitors would advise them, but who knows!!