Another question

bylromarha

I started a thread a while ago about being cross my buyers only let us know on 31st May that they had to give 8 weeks notice on their rented property. They put their offer in end March, and the reason the sale has been taking so long is because we've had problems getting our mortgage issued due to Abbey incompetence:mad: . Not our buyers fault, I know, but not ours either. We've said from day 1 we want to get the sale done ASAP as my family is due to grow by 1 on or around 21st June.:T

Anyway, all this time waiting for the mortgage means the paperwork is ready to go. We've signed to buy our new house. We were told in a letter from their solicitor that our buyers have signed to buy our house...however, we also had the following "request" on the letter.

"we note the boiler hasn't been serviced for the past 2 years...are the vendors prepared to service it and provide us with an up to date certificate."

We've basically said "yes we'll do that, provided we can complete on or by 16th June"

The response has come back "too soon"...how can it be too soon? All the paperwork is signed. The only thing I can think of is that it comes down to this 8 weeks notice on the rented property.

On the other thread I started, the general response was that 8 weeks notice cannot be legally enforced under terms of AST. But neither solicitors, nor EA will pass this information onto our buyers as they don't want to take responsibilty for unverified information. Again I can understand this, but that leaves us in a position where we are all being held to ransom by the landlord.

I know it's not ettiquette to contact your buyers directly, but what would you do in this situation? I think we should write to the buyers direct and explain the 8 week thing, OH thinks it's a bad idea not putting everything through solicitor.

What do you think?

PS: Waiting for the day i start a "we've completed" thread...please God, let it be soon!:D

silvercar

They want 8 weeks you want 16th June. There is a compromise in there somewhere.

lynzpower

Id let them know thier legal rights, maybe they genuinely dont know

You could just get some links & send them an email?

If I was in thier position, Id appreicate it

bylromarha

lynzpower wrote:

Id let them know thier legal rights, maybe they genuinely dont know

You could just get some links & send them an email?

If I was in thier position, Id appreicate it

Don't have an email address for buyers, so would drop a letter off by hand...is this too presumptious though? OHs arguement is he's not sure how he'd feel if a letter dropped through the door telling him his landlord was taking him for a ride, especially without knowing all the facts...ie is what they've signed an actual AST or not?

clutton_2

"""that our buyers have signed to buy our house...however, we also had the following "request" on the letter"""

just because they do not want to move out of their rented home on a precise date, does not mean that they cannot sign and complete on this sale (it does mean them paying rent and mortgage on two properties for the same period however) . Surely before they "signed" as above quote - a completion date was agreed ? If it was, stick to it. If it wasn't, then this "request" can be refused, or negotiated on. Good luck

bylromarha

No date was agreed when signing. The signing was all done in preparation for exchange.

The buyers have come back to us with a no way 16th June, how about 21st July.

I laughed.

Any suggestions where we go from here? Persuaded solicitor to pass info onto client re: 1 month notice period.

Only thing I think that can be done now is to offer to pay half 2nd months rent to try to get them to move quicker...then all of it, then 2 months rent...hey, why don't I just give them the entire property?!

clutton_2

do they know you are heavily pregnant ? if not use the emotional blackmail card !!! i would !!!

bylromarha

clutton wrote:

do they know you are heavily pregnant ? if not use the emotional blackmail card !!! i would !!!

Doesn't seem to make much difference.

They could see the baby when they made the offer... I emphasised at the time how we wanted to be moved before the baby was born in June. I've said it in every conversation since with solicitors and estate agents.

After laughing at my solicitor I told her that my newborn baby shouldn't have to be without a bedroom for 5 weeks because the landlord is taking them for a ride.

Our buyers are just looking after their best interests, I know, but so we have to too.

clutton_2

as a final shot how about offering them a months rent on condition that completion is June 16th ? Maybe bite the bullet - a few hundred quid out of your pocket, means a more peaceful house for the new baby and for you !!

bylromarha

clutton wrote:

as a final shot how about offering them a months rent on condition that completion is June 16th ? Maybe bite the bullet - a few hundred quid out of your pocket, means a more peaceful house for the new baby and for you !!

Just been chatting this one through with OH as it was something we discussed when the whole 8 week thing appeared last week...we'll see what happens tomorrow when solicitor comes back to us with their response to our information about legalities of 8 week notice period.

silvercar

Stating the obvious I know, but the longer negotiations go back and for between the solicitors the longer it is before you reach agreement and the less likely you will be in your new home before the baby arrives.