What Happens if the Seller Leaves the House in Poor Condition?

Our latest blog explains what your rights are, what to do if the seller leaves the property in a poor state, and how to protect yourself before the exchange.

Is There a Legal Standard for Property Condition?

In the UK, properties are typically sold on a 'sold as seen' basis - meaning what you saw on viewing day is what you get on completion. There is no legal obligation for the seller to clean, repair, or leave the home in a specific condition unless this was agreed upon as part of the contract.

However, deliberate damage, removal of agreed fixtures, or leaving behind dangerous waste may fall under misrepresentation or breach of contract.

What Counts as 'Poor Condition'?

This can vary from mild neglect to serious breaches. Examples include:

• Unclean rooms or carpets
• Rubbish, furniture or personal items left behind
• Appliances not working as described
• Intentional damage to walls, flooring or fixtures
• Removal of items listed as included in the sale

While cosmetic issues like dust or faded paint might be an inconvenience, major repairs or hidden damage can be costly - and legally problematic.

What to Do If the Property Is in Bad Shape

1. Document Everything Immediately

As soon as you get the keys, take photos and videos to capture the condition of the property. This evidence will be important if you need to raise an issue later.

2. Check What Was Agreed in the TA10 Form

During the sale process, the seller completes a TA10 'Fittings and Contents' form that lists everything they are including in the sale, from light fittings to garden sheds. If something listed has been removed or damaged, this may be considered a breach of contract.

3. Speak to Your Solicitor

If the condition is significantly worse than expected or agreed, contact your conveyancer immediately. They can advise whether you have a claim and contact the seller's solicitor on your behalf.

4. Consider Compensation - But Act Quickly

You may be entitled to compensation for cleaning, repairs or replacements. However, pursuing legal action can be time-consuming and depends on the value of the issue and the strength of your contract wording. Many cases are resolved through negotiation rather than the court.

Can You Refuse to Complete?

Once contracts have been exchanged, you're legally committed to completing. Withholding completion due to poor property condition is rare and could leave you liable for breach of contract. The better approach is to complete and raise a formal complaint afterwards through your solicitor.

How to Protect Yourself Before Completion

1. Request a Final Viewing

Ask to revisit the property 24-48 hours before completion. This gives you a chance to spot major changes or issues, and potentially delay or renegotiate if something is seriously wrong.

2. Add Conditions in Writing

Want the carpets cleaned or rubbish removed before completion? Get it written into the contract or via your solicitor. Verbal promises won't be enforceable later.

3. Be Specific in the TA10 Negotiations

Don't assume items will be left behind unless listed. Likewise, if you want the seller to remove something (like an old fridge or garden debris), put that in writing too.

Does the Seller Have to Clean the House?

There is no legal requirement for the seller to clean - unless it has been contractually agreed. In most cases, it's down to goodwill. If a property is left visibly unclean but habitable, your options for compensation are limited unless specific clauses were included in the sale agreement.

Plan Ahead to Avoid Disappointment

While most sellers leave their property in a respectful condition, some do not - and there's little recourse unless expectations are agreed beforehand. To avoid disputes and stress on moving day, always document, clarify, and communicate early through your solicitor.

If you're buying or selling and want a smoother, more professional experience, Farrell Heyworth ensures buyers and sellers are guided with complete transparency. Our experienced team helps reduce last-minute surprises by setting clear expectations and providing trusted advice at every stage of the process.