Delays in completing on flat- help!

Jowo_2

ellewellyn wrote: »

does anyone know what happens if the flat is not vacant by the completion date?

then your solicitor would be daft to complete - vacant possession is the norm.

he should be seeking clarification where the tenants are in the notice/possession cycle and what the average waiting time is between applying for a court order for possession and the court date for that local court.

no one can advise you on maximum timescales until it is understood when the tenants notice to quit expires and average times for a court case to be heard.

Doozergirl

I'm amazed that their solicitors allowed them to exchange with a tenant in place!

If they don't complete on the agreed date then you will be entitled to damages, interest on the full value of the property for every day they are late in completing. It works out at about £10 a day per £100k. That's if they complete.

If they don't then you'd sue for the costs associated with finding somewhere else.

zzzLazyDaisy

Exchange means that both parties are legally obliged to complete the sale/purchase, however you don't become the legal owner until completion. On exchange the seller will have agreed to give vacant possession, so if the tenants are not out by the agreed completion date, the seller will be unable to complete and will be in breach of contract.

However, I agree with the earlier poster - I am very surprised that your solicitor did not advise you to delay exchange until the tenants had left, there are too many potential pitfalls. At the very least you should view the property before completion to make sure that the tenants haven't trashed the place (I once bought a repo and the previous people had removed the kitchen radiator, sawn through the gas pipe to the cooker, and smashed all the light switches and sockets - it was in that condition when I exchanged, but it is an indication of what some people do to a property when they leave).

ellewellyn

Unfortunately we had to rush through the exchange as the seller wanted to exchange before the rise in capital gains, otherwise he was going to put it back on the market for more money, and we didnt want to lose it.

Thanks for all your advice- it seems that we might just have to be patient and wait until the 18th August. We've met the tenants a few times when we were viewing the property and they are a very nice, friendly family who have looked after the flat well and would not be the sort of people to trash it, so I dont think we'll have that problem hopefully. I'm half tempted to go and ring their doorbell and have a friendly chat with them about when they are planning to move out- but would people advise against this?? not sure if its got any legal implications if I contact them????

Many thanks to you all!

lynzpower

I would advise against that yes. Whatever they say, its not for them to make decisions, it will be as long as the eviction takes.

The council will expect the LL to go through the full eviction process which can take some months.

Jowo_2

ellewellyn wrote: »

.. I'm half tempted to go and ring their doorbell and have a friendly chat with them about when they are planning to move out- but would people advise against this?? not sure if its got any legal implications if I contact them????

Not a good idea. It may be the owners property but its their home and they should be able to live there undisturbed. It's probably a stressful time for them at the moment because of their impending move and because families that apply to the local council as homeless can end up in hostels or B&Bs.

You cannot influence the outcome in anyway and if the council has made clear to them that they won't help them if they cooperate with the notice to quit, they aren't going to leave any sooner than when the council sorts out their onward accommodation.

Are these tenants in employment or do they receive Local Housing Allowance (Housing Benefit)?