A client of ours has just helped their son move into his first property which is a small terraced house with a garage and garden. When the son actually moved into the house he found the garage contained lots of old furniture and garden objects. Our clients wanted to know what their son could do about this as he did not want this stuff and thought that the seller should have removed it.
Generally a contract for the sale of a residential property provides for vacant possession on completion which means the property must be unoccupied and empty of all contents apart from any contents which the parties have agreed should remain following completion.
Before exchange of contracts it is usual to receive from the sellers solicitor a Property Information Form completed by the sellers in which the sellers should have confirmed that on completion the property would be free of rubbish and would be left in a clean and tidy condition.
In this instance we would contact the sellers solicitor to advise them that if their client does not remove their items left in the garage our clients son would dispose of them and will look to the sellers for reimbursement of the cost of doing so. In addition if an estate agent was involved in the purchase of the flat then they too can be asked to contact the seller to encourage them to remove the rubbish.