Property & You – By Paul Mckenzie, Abs Conveyancing
Nothing worse for a Purchaser, than to receive the residential property after settlement that is not clean, neat and tidy. This is not an acceptable position, regardless of what Agents, Vendors etc say, claiming “sold as is”.
Post settlement, Purchaser can sue and recover, damages and costs, if the property is not left, in a tidied, neat and tidy state. Especially, when there are building materials left, behind, not on the Contract front page, as inclusion, which court cases ruled and deemed, not providing “Vacant Possession”.
The court precedent Cumberland Consolidated Holding Ltd v Ireland [1946] KB 264, remains today, that it is an expectation, for the Purchaser to receive the property, in a neat, neat and tidy state. The cleaning does not have to be professional, but normal sterile is expected. Secondly, with court cases ruling the same way since, deemed, building materials left behind, does not constitute “Vacant Possession”. Vendors end up losing, ordered to pay damages and costs, as leaving building materials behind, does not provide “Vacant Possession”.
