3 weeks to move and still no completion date!

dreema_gurl

Hi, we're currently in the middle of buying our first house. I'm expecting our first child which is due in 6 weeks, and we're currently living in rented accommodation, the tenancy of which ends on 27th August. Our mortgage has been approved for the new house, and the chain is very short, being only us, our sellers, and the house they're buying. Despite daily chasing of both our estate agent (very helpful) and our solicitors (less helpful) we have been given no idea of a completion date or contract exchange, and are consequently extremely stressed and worried that we'll end up with nowhere to live at the end of August. Does anyone have any ideas on how we can make things go faster, or at the very least get a straight answer as to when we are likely to move? When we started this process (nearly 3 months ago), we informed the sellers of our time schedule, and were told by all parties that it "shouldn't be a problem". Our estate agent has told us that she has put the sale of the house we are buying in her figures for this month, but still obviously cannot guarantee a moving date. Any help would be most gratefully received as the whole process is becoming incredibly stressful. Many thanks.

SmlSave

Hi hun, do you know what the delay is for? Searches or reply to enquiries?

Until you exchange there are no guarantees unfortunatly

sarah_elton

Can you stay in your rented place for an extra month or two? You shouldn't give notice on it until you've exchanged contracts as the purchase isn't guaranteed until then...

theartfullodger

we're currently living in rented accommodation, the tenancy of which ends on 27th August.

Assuming it's a private rental (but HA & council have similar rules) you don't have to leave until the Landlord has got a court-order & then sends the bailiffs round.. see
http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies#3

Court order

You cannot be evicted before your landlord has gone to court and the court has agreed to your landlord regaining possession of the property. The court's permission is on a written notice known as a possession order. The court has no choice but to make an order to evict assured shorthold tenants if the correct procedure has been followed. You may be able to ask the court to delay the order but this can only be done for up to six weeks, and only if you face exceptional hardship.

To get court order then bailiffs will take months...

In your shoes I'd calmly & politely write (keep copy) to your Landlord saying you may well be delayed in leaving (explain why), are of course willing to continue paying rent, and are as keen as he is to leave and can you arrive at a sensible arrangement.

Cheers! Hope it all gets sorted...

Lodger

dreema_gurl

Hi, thanks for the replies. Unfortunately we have no leeway with our rented accommodation - we had to inform them as soon as I was pregnant as our contract strictly states no children allowed in the flat so we couldn't wait for an exchange of contracts date. Being pregnant has limited our timescale! We had to sign a new agreement which ended our contract on 27th August, and having spoken to them today they cannot even let us have a few days grace as the new tenants are moving in almost straight away. I realise that it's looking more and more likely that we'll have to pack up and move everything into storage, but was really just hoping for some ideas as to how to speed our house buy along. We haven't been told what the delays are other than that it's to do with our vendors' vendors' solicitors. Thanks again.

Gosforthgirl

We are also having house buying nightmares so I sympathise. Our estate agent has been brilliant and has been proactively speaking to the solicitors of our buyers and the estate agents under them. Perhaps your estate agent could do the same for you to see if they can get to the bottom of where the hold up is. You could always threaten to pull out if you haven't exchanged by a particular date but it depends if you want to take the risk. I'm fairly negative at the mo having been held up for two months so far but if there's a problem somewhere it can seem to go on forever.

theartfullodger

We had to sign a new agreement which ended our contract on 27th August, and having spoken to them today they cannot even let us have a few days grace as the new tenants are moving in almost straight away.

Fine, but the legal position is still the same: The Landlord can't get you out without a court order, executed by bailiffs: Don't believe me ?? Re-read my earlier post or contact Shelter..
http://england.shelter.org.uk/
0808 800 4444
- but remember they are a charity with too many demands on them so you might have a wait before they answer the 'phone...


Yes perhaps you agreed to go, yes the tenancy says no kids, yes there's other tenants lined up who've paid (sorry!) but YOU DON'T HAVE TO LEAVE unless Landlord gets Court Order & then bailiffs!!!

Whatever happens that wee baby needs a home, even if Landlord gets upset...

Cheers!

Lodger
(Assuming we are talking England..)

DVardysShadow

theartfullodger wrote: »

Yes perhaps you agreed to go, yes the tenancy says no kids, yes there's other tenants lined up who've paid (sorry!) but YOU DON'T HAVE TO LEAVE unless Landlord gets Court Order & then bailiffs!!!

Although this is true, I think that the fact that the OP has given notice and another tenant has signed up just makes this unacceptable to actually do. The humbug geration factor would only be transferred to another tenant, who actaully has less choices in the matter.

purcel

We've found out the exchange date on the day it happened with completion 1 week afterwards.

vet8

I sympathise entirely.

Despite saying at the start that we wanted a very quick sale and we are moving out into rented to make sure there was not a long chain, it has still taken FOREVER. We finally exchanged today!! after more than 13 weeks. In our case it was the solicitors causing headaches, but sometimes it was ours, sometimes the buyer's and then right at the last moment they found a problem with the buyer's house they were selling and we could not exchange as planned last Friday.

All you can do is keep on at the solicitors. We found they got quite narky if I chased them up, but we are paying them over 1K for the work so I think I am entitled to chase them up, but it is very hard to get answers. Have you emphasised to absolutely everyone in the chain, EAs, solicitors etc. that you are pregnant and are likely to give birth in the street unless someone gets their finger out.

One idea is you could try the local press. It would make a good story for some up and coming reporter, "Expectant mum forced out of house and has no where to live days before the birth."

PasturesNew

As I see it, you might as well stay on if you're stuck - because the landlord can't get you out. Just keep giving him a month's notice the day before each rent day in writing ... and then each month fail to move out, but deliver another ... although maybe you'd only need to do that once.

So what if you're not allowed kids.... they still have to get you out (through the courts) - and as you're actually moving out ... soon .... there'd be no point.

As you're buying, you don't have to worry about a LL's reference.

So ... that's all full of win win win win win isn't it.