The seller of our new home left old furniture and appliances behind: Can we make them get rid of it?

Daily Mail​

15-05-2025

My wife and I moved into our new home recently and were shocked to find that the sellers had decided to leave behind many items that we didn't want or expect.
This included a mouldy fridge with rotting food still in it, and a grimy old washing machine and tumble dryer.
In the bedroom there is a cheap chest of drawers and a gigantic freestanding wardrobe. They also left a small stained sofa, and some old curtains.
In the garden there is some rotting pallet furniture which looks home made, and the shed is full to the brim with all sorts of rubbish we don't need.
The sellers asked if we wanted to buy some of these items when their lawyer sent us their fixtures and fittings list, but we said we didn't want them. Others weren't mentioned at all.
We contacted the sellers and they just said 'Sorry, we thought you'd like them.'
Getting rid of all this will be annoying and expensive. Can we get the seller to pay?
Ed Magnus of This is Money replies: Leaving furniture, fittings and appliances in a property when you sell it is a tricky business.
What might seem like a generous gift to the seller, could simply create a headache for the buyer if it's something they don't need, or which isn't to their taste.
The Fixtures and Fittings Form (TA10) is something all sellers must fill in prior to the exchange of contracts.
It goes into immense detail about what items will be included and excluded in the sale, from light fittings to loo roll holders.
It also gives a seller the opportunity to name a price for particular items the buyer may wish to purchase.
While one might forgive - or even appreciate - a few small items in good condition being left behind, what our reader has encountered goes beyond the pale.
The fact that you already stated you didn't want the items when offered, makes it all the more unforgivable.
A washing machine and tumble dryer should be easy enough to get rid of if you are buying new ones, as retailers will often take away old items free of charge.
However, ridding yourself of the rest of the furniture left behind may not be so simple.
You may be able to find a charity or second hand furniture store nearby that will come and collect some of it for free - but if the condition is as bad as you say, they might not take it.
The garden furniture and junk in the shed is probably the worst part and will likely require paying removal costs for.
Ultimately, if removing it is going to cost you both time and money, it would be good to know if you can claim some form of compensation from the seller.
For expert advice we spoke to Paula Higgins, chief executive of Homeowners Alliance, and Jonathan Handford, managing director at national estate agent group Fine & Country.
Paula Higgins replies: What you're describing is unfortunately not uncommon, and it's frustrating. You've explicitly stated you didn't want any of those items.
You should be aware that the Fixtures and Fittings Form (TA10) is a legally binding document that forms part of the contract of sale.
If the seller indicated that certain items would not be left, but they were, that could be a breach of contract.
Your case is further strengthened because you declined these items and they were still left. You may have grounds to claim compensation for removal costs.
Jonathan Handford adds: It's unfortunately not uncommon for buyers to inherit a mountain of junk after moving into their new home, which is incredibly frustrating if they've explicitly declined these items during the conveyancing process.
Legally, the TA10 fixtures and fittings form is part of the contract. If the seller has left behind items that were clearly rejected, they may be in breach.
The buyer is entitled to receive the property in the agreed condition, which does not include mouldy appliances, broken furniture, or rotting garden waste.
What should they do?
Paula Higgins replies: First off, you could write to the seller via your conveyancer, formally documenting the breach of contract and asking that they remove the items or pay you to remove them. Include photos and a list of the items left behind and ask for a response within 14 days.
If this doesn't work, you could instruct a solicitor to send a letter before action, which may spur them into action and prompt a settlement.
If all else fails, you can take them to the small claims court. You will want to prepare your evidence, the TA10 form showing you declined the items, your correspondence seeking a resolution, evidence of what was left and quotes and invoices for removal and disposal.
Jonathan Handford adds: The best course of action is to document everything thoroughly.
Clear, timestamped photos and videos of the items left behind will be helpful. Next, buyers should get quotes for professional removal and disposal so that they can prove their financial loss.
From there, the matter should be raised with their conveyancing solicitor, who can contact the seller's legal representative to formally address the breach and seek a resolution.
If the seller refuses to engage, buyers may have grounds to pursue a claim through the small claims court to recover reasonable costs.
Any other words of advice?
Jonathan Handford replies: This scenario underlines the importance of working with experienced estate agents and solicitors who ensure all parties understand exactly what has and hasn't been agreed.
Sadly, some sellers lose interest once contracts are exchanged, and what should be an exciting move-in day turns into a costly clean-up.
It's worth noting that sellers are not legally required to hand over a clean property unless it's specified in the contract.
That means no obligation to clean bathrooms, mow lawns, empty bins or scrub the oven. Many do so out of pride or courtesy, but not all.
One legal requirement that often gets overlooked is repairing any damage caused by the removal of wall-mounted items like TVs, shelves or artwork. Buyers shouldn't be left dealing with that, either.
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