Completion without Vacant Possession

Apples25

Hi all

I'm due to complete on a property in a couple of weeks, exchange was a few weeks ago.

The contract is for 'Vacant Possession'. The owner has filled in a fixtures form, and at the time of negotiating the sale, it was agreed that no furniture was to be included (property was a BTL). I do not want any of the furniture in the property as it is in extremely poor condition. I'm getting the impression that the seller now does not want to bother removing any of the furniture from the property prior to completion- I've asked to view it a couple of days before completion just to make sure it's empty- but I'm thinking of a contingency plan if there are still items there.

What would I be able to do if I discover that all of the items are still there before completion- would I be able to delay completion until the seller hires a removal van- or would I be able to hold back some of the completion money instead? There are a couple of items that I wouldn't mind keeping but the majority of it is junk!

Any advice appreciated.

Flat_Eric

I would notify your solicitor of your concerns. Let them know that you want to inspect the property pre-completion to ensure that the property is as you are expecting it to be. It would seem sensible for your solicitor to write to the seller's solicitor to let them know so that the seller is aware that you are expecting the property to be junk free. The Fixtures and Fittings form will tell you what the seller will be leaving/what is not included in the sale - typically the argument falls where the seller has indicated "x" will be left but then doesn't leave it and takes it instead!!

I would suggest that the day of completion would be a good time to inspect ? because if it is the buyer's main residence then it is unlikely anything will be gone if you inspect 2 days before ?

This should not necessarily delay completion because the funds can still be sent - your solicitor would just ask that they hold them to his or her order until you have informed your solicitor that you are happy with everything.

I don't know about a retention .... but your solicitor should be able to advise you on this.

G_M

Yes. Though actually 'vacant possession' really refers to people. It's the tenants you want out!

Apples25

The tenants were out well before exchange! Hopefully my solicitor will be able to advise.

ognum

Most solicitors will send a question for the seller to answer regarding the state they will leave the flat in

I have just today received the extra questions regarding a flat I am selling This flat is empty and newly decorated and carpeted throughout I have been asked to say that I will leave it clean and tidy!

Flat_Eric

G_M wrote: »

Yes. Though actually 'vacant possession' really refers to people. It's the tenants you want out!

yes, "people" was what I thought the original poster was referring to until I read the whole post!