Is it against the law to keep things found in your new home?

If you find someone's belongings in a house when you buy it, it's more than just a case of what you should do morally <i>(Image: Getty)</i>
If you find someone's belongings in a house when you buy it, it's more than just a case of what you should do morally (Image: Getty)
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Buying a house can be stressful but exciting, especially as you start to put your own stamp on your new space.

But what happens if you find something that’s been left by the previous owners?

A discussion on Reddit touched on exactly that when someone asked what they should do with £5,000 in cash they found while renovating their new home.

Can you keep money or possessions found when you buy a home?

They said: “Found 5k in old bank notes while renovating. How should I proceed?

“We had recently purchased a property but while renovating the kitchen we came across some really old money stuffed inside some plastic bags from about the 1980’s.

“The man who used the live there died a few years back so was just the lady.

“Until she passed and the family sold up.

“Do I get in touch with the family ? Is the money still good ?”

With almost 300 comments, it’s fair to say the post stirred up a debate from other Reddit users.

Someone replied with a question, suggesting the new house was theirs so everything in it is too: “If you’d discovered an issue would the previous owners have paid for it?”

Another joked: “Hi mate, I’ve consulted the powers that be and they said to send me the money to inspect it until further notice. Many thanks”.

This person said: “The money is always still good. The question is, is it yours.

“The answer is, maybe, normally when you buy a house you get everything in it that is left unless specifically catered for.”


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Another commented: “If someone knew about those notes, they would have come some point in the last 40 odd years.

“Enjoy them”.

This person agreed: “It's yours. Take them to the bank and enjoy.”

Is it against the law to keep possessions found in your new home?

So, can you keep them or should you return them to the bank or the family?

Nima Ghasri, property expert at Good Move: “There is no specific UK law that says exactly what must stay or go when a property is sold.

“Instead, this is decided by the fixtures and fittings list that forms part of the sale agreement.

“Agreeing to this in writing before moving out helps avoid disputes and ensures both parties know exactly what is included in the sale.”

What are fixtures and fittings?

Nima says: “Fixtures (usually stay): These are items attached to the property, such as boilers, radiators, kitchen units, and plug sockets.

“As they form part of the structure of the home, buyers generally expect them to remain.

“Fittings (usually go): These are items that can be easily removed, such as sofas, beds, artwork, and freestanding appliances.

“Sellers are normally expected to take these with them unless they have agreed otherwise.”

Nima acknowledges it’s not always straightforward: “There are, however, grey areas where items don't fit neatly into either category, which can complicate matters.

“For example, carpets can technically be removed, but most buyers expect them to stay.

“Curtains are often taken by the seller, but moving etiquette dictates that curtain poles are usually left behind.”

Property specialist and founder of SAM Conveyancing, Andrew Boast, explained: “After waiting so long to buy your home, it can be disappointing to find that when you finally move in on the day of completion, the seller has left personal property in your house.

“The fact is, the seller is legally obligated to leave the house completely empty on the day of exchange.

“During the purchase of the property, the seller would have provided you the TA10 Fittings and Contents Form, which sets out the items that the seller is including within the sale price and that will be left behind.

“Therefore, the only things that should be left behind are what’s listed on the Fittings and Contents form.”

Sunita Chauhan, senior director and head of legal practice with the Simplify Group and spokesperson for My Home Move Conveyancing, said: “There’s a common misconception that anything left in a property becomes the buyer’s.

“In reality, unless it’s agreed as part of the sale, those items usually still belong to the seller.”

Sunita added: “Fixtures will generally pass with the property unless excluded, but most loose items remain the seller’s property unless specifically included in the sale.

“Where items are left behind unintentionally, the buyer does not automatically acquire ownership.

“Instead, they are likely to be treated as an “involuntary bailee”, meaning they are in possession of goods that still belong to the former owner and must take reasonable care of them and allow an opportunity for collection.

“If the items are not collected after a reasonable period and appropriate notice, the buyer may be able to arrange for their disposal or sale.

“However, there are legal steps that should be followed, particularly for higher value items, to avoid the risk of a dispute or claim.

“So, while it often feels like a practical or moral question, it is primarily governed by contract and established legal principles rather than anything simply “passing” to the new owner by default.”

What to do if sellers leave belongings in your new home

Andrew advises telling "your solicitor immediately" if there are undeclared possessions in the home that belong to the seller "so they can contact the seller’s solicitor and let them know that the seller needs to come back and collect everything they’ve left."

He says the buyer should "take videos and/or photos as evidence of all things left in the property by the seller, in case you need it in the future."

It's also important to "put all the stuff in one area to keep safe; don't remove or destroy it just yet" because "you need to give the seller a chance to return and collect it, or wait for them to confirm it’s okay to throw away."

Have you bought a new home recently? Let us know in the comments below.

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