help! completion was yesterday but sellers did not move out!

Colincbayley

What you have is a clear breach of contract. The seller would have agreed to give up vacant possession of the property on completion. They have failed to do so, and the penalties for such will be detailed in the sale/purchase contract.

Phone your solicitor now to get them out and also to claim the compentation you are due.

Fire_Fox

maninthestreet wrote: »

The police won't help, this is a civil case, not crimimal. You also cannot forcibly remove him from the property or change the locks without a court order, this would be a illegal eviction. Contact your solicitor ASAP.

I am sure you are right about it being an illegal eviction, but what legal avenues are open to the vendor to complain about such an eviction? :huh:

Soot2006

I think I'd start stripping the wallpaper ...

Wish I'd seen this thread earlier. I've just paid a fortune to leave my very large and very defensive dog at kennels for a week. I should loan her out for situations like this (she's tame as a lamb when you know how to talk to her, so she probably wouldn't eat you by mistake) ...

Vomityspice

What you have is a clear breach of contract. The seller would have agreed to give up vacant possession of the property on completion. They have failed to do so, and the penalties for such will be detailed in the sale/purchase contract.

Phone your solicitor now to get them out and also to claim the compentation you are due.

Is spot on! Your Contract of Sale will set of the consequences of such a breach.

webmasterpolo

I'd turf him out and put his stuff on ebay.

-Web

chewmylegoff

Fire_Fox wrote: »

I am sure you are right about it being an illegal eviction, but what legal avenues are open to the vendor to complain about such an eviction? :huh:

would it have been? he wasn't there when they went around. just change the locks, then he can't get back in. surely just a seller who left a load of his stuff behind?

silvercar

Your solicitor should serve notice on him to complete. The seller is liable for all your costs (storage, hotels, legals etc) in failing to complete. His solicitor will probably scream at him and tell him to get out pronto, outlining his likely liabillity for failure to complete.

PasturesNew

silvercar wrote: »

The seller is liable for all your costs (storage, hotels, legals etc)

I feel a great long weekend in a posh hotel coming on.....

theartfullodger

Personally, I would change the locks straight away and move his stuff out into the garden.

Er.. yes & no...

I'd certainly change the locks & encourage some large, active & noisy friends to come and stay quickly... but as regards his goods, no... see this advice (albeit re,. ex-tenants goods) where I think the same principles apply...
http://www.landlordzone.co.uk/uncollected_goods.htm

The relevant act is
Torts (Interference with Goods) Act 1977


I certainly wouldn't let them/agree to them staying in place in any shape or form, as they will by doing so acquire some rights, possibly...

I would certainly call the Police about trespassers who are refusing to leave.. and get a record of who I spoke to, crime number etc...

Cheers!

Lodger

Doozergirl

silvercar wrote: »

Your solicitor should serve notice on him to complete. The seller is liable for all your costs (storage, hotels, legals etc) in failing to complete. His solicitor will probably scream at him and tell him to get out pronto, outlining his likely liabillity for failure to complete.

Only 28 answers to get the sensible one!

Your solicitor will also bill your vendor for interest on the full value of the property until proper completion takes place and you have Vacant Possession. It's a bit late now but hopefully they have also put them under notice that you are under no obligation to care for the items left in the property.

The problem is whether the incurred cost is worth continuing to hire a solicitor for if your vendor doesn't pay up! I'd advise taking photographs etc. as evidence of your not having VP although I'm not sure if at this point you can ask him to say 'cheese' It would be a small claims thing so maybe with a bit of advice from your solicitor you could use Moneyclaim to take your vendor to the small claims court. With any luck they will pay up straightaway.

I have suddenly become an expert on failed completions and what Vacant Possession actually means .