What happens if the seller leaves items behind in your new home?

Buying a home is stressful enough without finding that the seller has left furniture, appliances or other belongings behind after completion. This happens more often than you might expect, and many buyers are unsure what they can do.

Is the seller allowed to leave items behind?

In most cases, no. If your contract required the seller to give vacant possession, the property should be empty apart from any items specifically agreed in advance (for example, those listed on the fixtures and fittings form). Leaving unwanted belongings behind may amount to a breach of contract.

What are your legal responsibilities as a buyer?

It might seem logical to throw the items away, but legally this can cause problems. Where items are left behind, the buyer is treated as an ‘involuntary bailee’. This means you’re temporarily responsible for someone else’s belongings, even though you never agreed to look after them. As a result, you must take reasonable care of the items and give the seller a fair opportunity to collect them.

A sensible approach usually involves:

• Notifying the seller in writing (or via solicitors) that items have been left behind
• Giving them a reasonable deadline for collection, typically 14 to 21 days
• Keeping the items safe, where reasonably possible, during that time
• Warning the seller that the items may be disposed of or that storage or disposal costs may be charged if they’re not collected
• What’s considered “reasonable” will depend on the circumstances, including the nature and value of the items and the space available at the property.

What if the seller doesn’t collect the items?

If the seller fails to collect their belongings within the deadline, you may be entitled to arrange disposal and recover reasonable costs. However, while you can pursue these costs through the small claims court, this is often disproportionate once court fees and time are considered.

In practice, most situations are resolved once the seller is formally asked to collect their items.

Should you contact your solicitor?

Yes. Your solicitor can advise on the best approach and may write to the seller’s solicitors on your behalf or put you in touch with our dispute resolution team for further advice.