What happens if the Seller has not removed all of their belongings from the property by the time of settlement on the settlement date?
Any such items not removed prior to the actual time of settlement on the settlement date are considered to be abandoned and the Buyer may keep or dispose of those items as they see fit. The buyer following settlement may be able to make a claim against the seller to claim the costs involved in disposing of the seller’s belongings.
TIP: The Seller should ensure that they remove all of their belongings including any Excluded Fixtures noted in the Reference Schedule of the Contract. They must also leave in the property any chattels listed as Included Chattels in the Reference Schedule of the Contract. The Seller must repair, at their expense, any damage done to the property in removing any excluded fixtures or belongings.
What to Do if You Find Seller’s Belongings In Your Newly Purchased Property?
It would be prudent for a Buyer to contact their Solicitor before treating any property as abandoned or communicating their intention to the Seller that this property will be disposed of to ensure no dispute arises.
If the Seller is having difficulty removing all of their belongings prior to the time of settlement as soon as possible prior to the settlement they should get written confirmation from the Buyer to allow them to remove the property after the settlement has occurred and to confirm that such items are not considered abandoned.
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