Rubbish removal, old land lord and old tenants.

[NSWinvester]

Hi,

I've recently purchased a property at auction and the tenants that were living there won't the cleanest of people, maybe that's why i got market value for it when the bank did a valuation

The place was a mess and required alot of cleaning up, rubbish and junk everywhere. What condition should I expect the house to be in when settlement date arrives? that all rubbish be removed? what sort of demands and rights do I have?

thank you

 

[Perp]

The place was a mess and required alot of cleaning up, rubbish and junk everywhere. What condition should I expect the house to be in when settlement date arrives? that all rubbish be removed?

You bought at auction, so you should expect it to be in exactly the same condition as on auction day. You have no rights whatsoever for the rubbish to be removed.

If you wanted anything done, you would have had to negotiate prior to auction that you wanted a special condition inserted, and would be bidding on that basis.

 

[NSWinvester]

You bought at auction, so you should expect it to be in exactly the same condition as on auction day. You have no rights whatsoever for the rubbish to be removed.

If you wanted anything done, you would have had to negotiate prior to auction that you wanted a special condition inserted, and would be bidding on that basis.

Ok very clear indeed, yeah I was expecting to get my hands dirty so this doesn't come as bad news. I did see the tenants however have piles of rubbish out front, so I guess there doing the right thing.

So it doesn't matter if there are tenants and they leave a mess because the contract states subject to tenancy agreement?

 

[Dazz]

You've got two options ;

Option 1 - no phone call

Get in there with a trailer, rake, shovel, wheelbarrow and broom and clean it up yourself. Rinse and repeat until clean.


Option 2 - one phone call

Pay to have someone else with a bobcat / dingo and truck get rid of it for you.

 

[chrispy]

I recently sold a house that had been tenanted for a long time. There was masses of rubbish. I filled a skip and two trucks. All that I left under the house was some timber, as I believed the purchaser may find it handy with fence repairs etc.

On the day of settlement my Solicitor rang to say the purchaser had with-held $500 until the underneath of the house was perfectly clear. Apparently he could do that.

I had to get the rest of the timber removed and then claim the $500 back.

None of this was in the contract

Chris

 

[wylie]

We settled a week ago and took the four big, awkward to carry wardrobes downstairs and to our house where they clogged up our front porch. This was Thursday night. Thought I would try to sell them ASAP so we could get in the front door again.

Friday morning, hubby and I popped over and put some old stuff from under the house into the trailer and brought it to our house. This was to smash down and dump.

Settlement 2pm, phone call from RE agent 3pm "where are the wardrobes?".

We had discussed leaving them in the house and I said "perfect, saves us moving them" but had forgotten that call, and it was a general call, not particular to the eventual buyers. Nothing in the contract to remind me.

So the following day we loaded up the wardrobes and took them back. We didn't take them back upstairs as their movers could do that when they were on site.

Was quite funny :.

 

[marg4000]

Wylie, that is a hoot!!

I reckon the neighbours must think you are crazy.

We sold mum's house with a 3 month settlement as the purchasers wanted to sell their house (had alterntive finance so the contract was unconditional). As the house was vacant we told them they could settle any time so long as they gave a bit of notice.

We got rid of most the furniture and were waiting for the Sallies to pick up the rest. They phoned and wanted to settle so we said fine, but the furniture is still there.

They agreed, so we have no idea if they kept the furniture or sent it off.
Marg

 

[NSWinvester]

You've got two options ;

Option 1 - no phone call

Get in there with a trailer, rake, shovel, wheelbarrow and broom and clean it up yourself. Rinse and repeat until clean.


Option 2 - one phone call

Pay to have someone else with a bobcat / dingo and truck get rid of it for you.

Yes it looks like I'm taking option one, hopefully the tenants don't leave anything behind as in some cases on this post.

 

[Perp]

On the day of settlement my Solicitor rang to say the purchaser had with-held $500 until the underneath of the house was perfectly clear. Apparently he could do that.

Can they really? Or did your solicitor drop the ball?

I thought their only recourse was to delay settlement, if they weren't happy with the property's condition. At that time, they could then say "we'll settle now if you agree that we can withhold $500", and you'd be tempted to agree, but I don't think they can unilaterally decide to withhold $500.

 

[jrc]

If a property is being sold with vacant possession then all the loose stuff shuld be removedd. However, there's not much point bursting a blood vessel if some stuff is left

 

[NSWinvester]

I drive past my new property daily and the tenants have left a SUBSTANTIAL LOAD! 4 or 5 ute loads easy... 4 more weeks until settlement date.

 

[Perp]

I drive past my new property daily

Yeah, that's a bad idea - you gotta stop doing that.

 

[kathryn d]

We bought a property that still had garbage in the yard on settlement day.
Our lawyer called their lawyer and stated he was going to withhold $200. The other lawyer promised it would be taken care of that day..and it was.

 

[NSWinvester]

Yeah, that's a bad idea - you gotta stop doing that.

Hahahaha I help it, it literally is about 30 seconds drive from my principle place of residence. The property is on a road that I drive pass on a daily basis when even I get out of the house, so it's at less twice a day.

Soon the tenants will complain about privacy issues

Drove pass again today and all of the rubbish was removed

 

[kathryn d]

Hahahaha I help it, it literally is about 30 seconds drive from my principle place of residence. The property is on a road that I drive pass on a daily basis when even I get out of the house, so it's at less twice a day.

Soon the tenants will complain about privacy issues

Drove pass again today and all of the rubbish was removed

Whenever we drive past our IPs we smile and wave.They smile and wave back. On occassion if we are doing a repair at one property, they will come over (if they see us) and mention a small annoyance, and ask if we can take care of it.

Keeping an eye on your property is your job.
No one care more about it, than you.

 

[skater]

Drove pass again today and all of the rubbish was removed

Lucky!

Our first IP was a mortgagee sale auction! When we took possession we inherited, from memory, four truck loads of car parts and other disgusting stuff that was mostly under the house.

 

[pennyk]

Lucky!

Our first IP was a mortgagee sale auction! When we took possession we inherited, from memory, four truck loads of car parts and other disgusting stuff that was mostly under the house.

You've just brought back a memory from my childhood. My parents bought an IP and the people who had lived there before had just thrown the rubbish out the back door into a big pile in the garden. It was in the 70's, so there probably wasnt much plastic stuff. But the pile was literally around 10ft high in the backyard, all mixed together with years worth of wandering dew. I can remember spending days with my family clearing it all out....... ahh, happy memories!

 

[skater]

You've just brought back a memory from my childhood. My parents bought an IP and the people who had lived there before had just thrown the rubbish out the back door into a big pile in the garden. It was in the 70's, so there probably wasnt much plastic stuff. But the pile was literally around 10ft high in the backyard, all mixed together with years worth of wandering dew. I can remember spending days with my family clearing it all out....... ahh, happy memories!

LOL! Another one we bought had it's own Ayres Rock in the backyard. A similar scenario to yours but included a tree that had been cut down burried at the bottom of it. Heaps of fun......

 

[NSWinvester]

Spoke to my solicitor and have arranged for the real estate agent to hold $500 until all rubbish is removed from the property. They cleaned most of it and put it in the front, I will be keeping the money until the council picks it up from the front.

There's still some rubbish left in the backyard, it's not perfect but nothing is and we'll clean out the remaining rubbish

 

[handyandy]

Remind me when I bought a block of units.

In one of the garages was rolls of carpet wall to wall and 4 rolls high - so a substantial amount of carpet.

In the contract it said something like the vendor can leave anything he likes without recourse by buyer.

Didn't really worry to much as we were planning to renovate the whole block including the forest that the previous owner had planted in the yard.

Settlement takes the time it does and in the meantime we go of to the Whitsunday's for a bit of R&R.

I then get a call from the RE the Saturday afternoon wanting to know whether I want to buy the carpets for $1500. My answer was a quick 'no and you will organise for the owner to remove them before settlement'. His response was, owner didn't have to remove anything as per contract. Fair enough. In either case not a biggie.

Settlement rocks around and we are at premises for handover. Agent comes along with a truck to pick up carpets. Sorry, they are now mine and I will sort through and see what I want first, thank you.

In the end all the bottom pile was ruined as they never lifted them of the damp concrete. About 3/4 of the remaining were so ugly that you wouldn't use them in a pink fit but we did end up using about 4 or 5 of the rolls to carpet various properties, but none in that block of units.

So you never know what will be among the rubbish.

Cheers