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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1767
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband and I purchased a property three weeks ago tomorrow.

Customer Question

Hi my husband and I purchased a property three weeks ago tomorrow. We brought a caravan to live in while we do the property up. But the previous owner hasn't taken his belongings. So we haven't yet managed to start decorating. Can we move his belongings out and put then in a safe place ready for his collection? What rights do we have?
Many thanks
Submitted: 7 months ago.
Category: Law
Expert:  Harris replied 7 months ago.
Hi, thank you for your question. You will need to check your contract as it will specify what happens to any items left at the property and the seller should have removed the belongings before completion and if not then you can charge the seller for your costs of removing or disposing. You should contact the seller and give them a strict timeframe (eg. 7 days) to collect what is remaining, after which you can consider taking steps to dispose. But again all this should have been dealt with by the seller prior to completion and reflected in your contract.Hi, thank you for your question. As long as you remain unmarried, she has no automatic right to make a claim towards the property. However, you should make it perfectly clear, and possible consider setting up an agreement, that specifies that any contributions she makes will not raise a share towards the property. She can rely on any agreement or intentions you had that she would obtain a share for contributions (if it is unwritten or not in an agreement it will be very difficult for her to prove). Furthermore you should be aware that if you are unmarried, yet have children with her, she can make a claim for the property to house the children until a certain age - this cannot be prevented and if she cannot house herself and the children in the event of a breakdown in the relationship.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 7 months ago.
I have a disability and suffer with arthritis. The dampness of the caravan is have a big effect on me. We also have a 2 year old daughter and three dogs. I was hoping to get into the property within 4-8 weeks but so far we haven't achieved anything.
Expert:  Harris replied 7 months ago.
Hi, please ignore my previous post as it has somehow duplicated one for a different customer. I will confirm my response to you:You will need to check your contract as it will specify what happens to any items left at the property and the seller should have removed the belongings before completion and if not then you can charge the seller for your costs of removing or disposing. You should contact the seller and give them a strict timeframe (eg. 7 days) to collect what is remaining, after which you can consider taking steps to dispose. But again all this should have been dealt with by the seller prior to completion and reflected in your contract.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 7 months ago.
We brought the property with vacant possession. He didn't state he would be leaving anything in the property. Only the essentials, kitchen, and bathroom. But we have a house full of his goods. His told us he can't move his stuff out yet and I could take him until September to do so. This seems crazy to me, do we as the new owners have rights? All money has been exchanged.
Expert:  Harris replied 7 months ago.
As long as completion has taken place, the property is yours and the seller has no rights to keep his belongings at the property.I would suggest that you contact your conveyancing solicitor who will in turn contact the seller's solicitor to enforce vacant possession. The only things that should have been left will be included in a list of "fittings and fixtures" and the seller has no right to keep anything else at the property.Again, you should give the seller a strict deadline, for example 7 days, to collect them, otherwise you can remove them yourself. Keeping them until September is wholly unreasonable - the property is no longer the seller's and they have no rights to use it as storage.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  F E Smith replied 7 months ago.
We do not use the phrase Duplex Property in the UK. Are you in the UK or the US?If you are in the US I will transfer this to the appropriate category because it’s been posted in UK law.If you are in the UK could you please explain the layout of the property a little more and explain where the leasehold interest comes from.Is anyone currently living in the property?
Customer: replied 7 months ago.
Hi I'm living in the uk. We rant living in the property. We are living on the land though in a caravan. This was so my husband could improve the house before we moved in.
Customer: replied 7 months ago.
Sorry we aren't living in the property
Customer: replied 7 months ago.
There isn't a lease hold on the property. We purchased it out right from the person who owned it. With the understanding that it would be vacant procession. This was agreed by all party's in the contracts of the house sale
Expert:  F E Smith replied 7 months ago.
I am sorry, for some reason, my reply has posted on the wrong page. Please ignore my question and continue with the previous expert.
Expert:  Harris replied 7 months ago.
Dear Micky, apologies for the interjection by F E Smith - my previous information still stands an you should consider pursuing the course of action outlined as the seller does not have a right to use the property for storage as legally the property is now yours.
Expert:  Harris replied 7 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.

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