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Sticky housebuying situation
LunaKamelia
Posts: 17 Forumite
Hello all! Desperate for some advice! We are in the process of buying a property and we are currently renting. Our rental contract ran out 1st August and because we were looking too buy we didn't really want to be tied in with a new contract, which we would only be able to break after 6 months.
Our landlord never got back to us about renewal so we thought it a good thing, as long as we carried on paying the rent and we give him the required notice, when we would have a clearer idea of how long the sale would take to complete as it is a probate. Our solicitors have received all the searches and all that remains is the actual Grant of probate. We have yet to know how far along they are with this and our solicitors have said that we can pretty much complete mid-October.
Dont worry im coming nearer to the point. Anyway, to cut a long story short we've had to call our landlord due to a leak affecting downstairs, and whilst talking about getting a plumber, he happens to (rightfully) mention discussing the contract and what our plans are.
Now, my question is the following;
Our landlord never got back to us about renewal so we thought it a good thing, as long as we carried on paying the rent and we give him the required notice, when we would have a clearer idea of how long the sale would take to complete as it is a probate. Our solicitors have received all the searches and all that remains is the actual Grant of probate. We have yet to know how far along they are with this and our solicitors have said that we can pretty much complete mid-October.
Dont worry im coming nearer to the point. Anyway, to cut a long story short we've had to call our landlord due to a leak affecting downstairs, and whilst talking about getting a plumber, he happens to (rightfully) mention discussing the contract and what our plans are.
Now, my question is the following;
- How long does it take on average to get this Grant of probate as we need to think about giving notice soon!
- Are we likely to complete by end of October?
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Comments
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If you arrange four weeks between exhange and completion it will allow you
a) not to make yourself homeless
b) save you two sets of rent/mortgage for too long but give you time to move at your own leisure
Everything that is supposed to be in heaven is already here on earth.
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How long is a piece of string? Probate can be pretty fast ( a matter of weeks), but if there are complications, disputes over the will, investments tucked away and hard to identify etc etc, then it can take months...and months and months...We have yet to know how far along they are with this and our solicitors have said that we can pretty much complete mid-October.
This does not make sense. If you (and I assume your solicitors) do not know how far along probate is, then a Completion date is impossible to predict.0 -
I think i read somewhere that on average it takes ca 4 months to get the grant of probate.0
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LunaKamelia wrote: »
Dont worry im coming nearer to the point. Anyway, to cut a long story short we've had to call our landlord due to a leak affecting downstairs, and whilst talking about getting a plumber, he happens to (rightfully) mention discussing the contract and what our plans are.
You do know that you are now on a 'statutory periodic tenancy'? Terms and conditions carry forward - except LL has to give 2 months notice, you have to give 1 - both to finish on the last day of a rental period.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
LunaKamelia wrote: »Hello all! Desperate for some advice! We are in the process of buying a property and we are currently renting. Our rental contract ran out 1st August and because we were looking too buy we didn't really want to be tied in with a new contract, which we would only be able to break after 6 months.
A follow on tenancy agreement shouldn't tie you in for 6 months.I was born too late, into a world that doesn't care
Oh I wish I was a punk rocker with flowers in my hair0 -
iamana1ias wrote: »A follow on tenancy agreement shouldn't tie you in for 6 months.
If they sign a new AST (which is the most common tenancy agreement in this situation), the minimum term would be for 6 months, so they would be tied in for that long.
As someone else mentioned, the OP is on a statutory periodic tenancy, which means that you can give one month's notice ending on a rent day. So if you pay rent on 29th of each month and wanted to move out at the end of November, the latest you could give notice would be 28 October. Give notice just one day later and you're liable for rent up until 29 December.
This is regardless of what your tenancy agreement says about
notice periods.0 -
In short, probate could take 2 months or 2 years.LunaKamelia wrote: »…Now, my question is the following;- How long does it take on average to get this Grant of probate as we need to think about giving notice soon!
- Are we likely to complete by end of October?
Luckily, most will be 2 to 3 months.
There’s a recent thread here on pretty much the same query as yours:
https://forums.moneysavingexpert.com/discussion/27489380
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