Sellers ripped carpets and home equipment out of my new residence. Should I take authorized motion? DEAN DUNHAM replies
I recently moved into a new house. The process was a bit acrimonious, as the initial buyer for my old house pulled out and the sellers of my new property were annoyed that this caused a long delay.
The sellers initially agreed they would leave the usual fixtures and fittings, but they’ve ripped out everything – from carpets to the fitted oven and hob, and even light bulbs.
Is it worth taking any legal action, or will this cost more than replacing these things?
Name and address supplied.
Under UK property law, ‘fixtures and fittings’ that form part of the house must be left unless specifically excluded in the contract.
The general test is whether items are physically attached to the property, so fitted ovens, hobs, and carpets will fall within this and should not be removed unless agreed otherwise.
Gutted: A reader was disappointed to discover that the sellers of their new home had stripped it of its fixtures and fittings (file picture)
Light bulbs are borderline, but if the sellers agreed to leave the ‘usual fixtures and fittings’ they should really be left, too.
Prior to completion of the purchase, the seller of the property will have sent your solicitor or conveyancer a fixtures and fittings list, known as Form TA10.
This specifies what is included in (and excluded from) the sale. This forms part of the contract between you and the property seller.
Check this form carefully. If it shows that all or any of the items should have remained, there will be a breach of contract on the part of the seller.
If you establish you do have a claim, ask the solicitor who represented you in the purchase to write a stern letter to the seller’s solicitor demanding compensation to the value of the removed items.
(Don’t ask for them to be returned, as they may not be in the same condition.) If they refuse, you could sue through the small claims court.
The total cost of doing so will depend on what your claim is for. Claims below £300 cost £35 in court fees, which must be paid upfront and £27 in hearing fees if it reaches court.
Meanwhile, claims from £5,000 to £10,000 cost £455 in court fees and £346 in hearing fees.
You may be able to get these fees back if you win. But if you lose your claim, you may be ordered to pay expenses for the other side.
Hotel left us out of pocket after cancelling booking
My friend and I arrived in Mallorca for a week’s holiday to a message from our hotel, which said it had cancelled our booking.
It was late at night so we rode around in a taxi searching, but couldn’t find anywhere else at such short notice, so we stayed one night in an airport hotel and flew home the next day.
We lost £1,300 on the airport hotel, new flights, taxis, and tickets for an event in Mallorca that we couldn’t use.
The hotel paid us back for our stay, but I think it should also pay our expenses as it totally ruined our trip. Am I right?
C.F, Liverpool.
You are absolutely right. When a hotel breaches its contract by cancelling your confirmed booking, you are entitled to be put in the position you would have been in had the breach not occurred.
Traders (such as hoteliers) will often defend such a claim by saying that you can only claim ‘foreseeable’ losses that flow directly from the breach.
Your £1,300 in additional expenses, the airport hotel, replacement flights home, taxis and unused event tickets were all clearly foreseeable and exactly the kind of losses the hotel should have anticipated when it cancelled your booking.
First, write to the hotel and travel operator you booked with and explain the above.
If this does not work, and if it was a package holiday, you will have additional protection from the Package Travel Regulations and from ABTA (if the travel operator you booked with is a member).
Through the ABTA arbitration scheme an independent arbitrator can review your claim and make a binding decision as to whether you are entitled to a further payment.
You should also be asking for additional compensation for the distress and inconvenience of having your holiday destroyed.
If all other routes fail or are not available, check on the internet for how to take your claim to the small claims court through the online process.
