Q My boyfriend and I have just moved into our new flat, only to discover that the previous owners have taken the carpets, taps and even the lightbulbs with them. All these things were in place when we went to view the home, and we feel tricked. Is this legal? Is there anything we can do?
A Unfortunately, it’s fairly common to discover something you saw when you viewed a property and expected to find when you moved in is no longer there. Lightbulbs seems a little extreme, but it’s not unusual for some sellers to take anything that can be defined as a ‘fitting’ – an item which is not directly attached to the property. As you now legally own the flat, it’s important you check through the documents that constitute your contract.
It is standard practice for conveyancers to ask a seller for a detailed list of contents that will or will not form part of the sale. This outlines exactly which items in the property are being sold with it, and would have accompanied the draft contract sent to your solicitor for you to sign.
If things have been taken that are listed in your contract to be included with the flat, your seller should not have taken them. It is possible to contest this, but it’s worth bearing in mind that the cost of resolving such disputes is often greater than you’d pay to replace these items. It’s important that you discuss this with your solicitor, as you will need to consider carefully whether this is worth your while.
Q I’m currently living in rented accommodation while I wait to buy a house. Contracts have been exchanged on the house I’m hoping to buy, but the completion date is not for another month. The house is now vacant, and the seller is happy to let me move in before we complete. This seems much more economical. Is it possible?
A Although moving in is possible, the question you should be asking yourself is whether or not it’s wise.
You can arrange through your solicitor to be granted a so-called buyer’s licence, which would allow you to move into the property before you complete. The conditions of the licence can vary and be quite complicated, but in broad terms you would have many of the same rights as a tenant would. A percentage of the purchase price is paid to the seller for the term of the licence, and you will be responsible for insuring the property.
However, real difficulties can arise if completion is delayed for any reason. If your licence is up before the completion date, you may find yourself having to compensate the seller with an additional payment depending on the cause and length of the delay.
As appealing as it may be to save the cost of rent, the drawbacks of this situation are obvious. Unless you are very, very sure of yourself and your seller, you could find the option of a buyer’s licence much more expensive.