New house was full of sellers’ rubbish … can we charge them for cost of clearing it out? Consumer lawyer DEAN DUNHAM KC replies

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New house was full of sellers’ rubbish … can we charge them for cost of clearing it out? Consumer lawyer DEAN DUNHAM KC replies

Daily Mail · 3 hours ago

A reader asked consumer lawyer Dean Dunham whether they could reclaim the cost of clearing rubbish left behind by the sellers of their new home, including a broken washing machine full of clothes, a broken fridge-freezer, dirty dishes and unwanted furniture. Dunham advises this is possible because sellers are generally required to provide "vacant possession" on completion, meaning buyers should not be left to deal with belongings or rubbish unless specifically agreed. Leaving such items could constitute a breach of contract, entitling the buyer to recover reasonable clearance costs as a resulting loss.

Dunham recommends checking the sale contract and the TA10 Fittings and Contents Form to confirm nothing was agreed to be left, then writing to the seller with photographs and the clearance invoice to request reimbursement, focusing only on the actual cost incurred rather than inconvenience. In a separate query, Dunham addresses a dispute over a dropped kerb, clarifying that lowering a kerb does not grant a homeowner ownership of the road or an exclusive parking space, though parking directly across the dropped section can still be a civil offence under the Traffic Management Act 2004. He also warns that an egg thrown at a neighbour's car in the dispute could amount to criminal damage or harassment, and advises documenting incidents and involving police if it recurs.

  • Buyers may reclaim clearance costs when sellers leave rubbish behind
  • Vacant possession rules mean sellers must not leave belongings or rubbish
  • Dropped kerbs don't grant homeowners a private parking space

World

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