Potential nightmare

toofy

Hi, need help please - I was phoned today by my solicitor to notify me of completion of a house I was buying.
The house in question had romanians living in it as tenants, and I had specified I needed vacant possession- the house sale had been put back due to this, as it was supposed to go through last month . The vendors' solicitors had given them notice and had stated the property was vacant as of last week.

This morning I was told by my solicitor that all I had to do was wait the next 5 minutes & the estate agent would phone. After half an hour I decided to phone them, to be told they did not have the keys, they were with a letting agent. After much to-ing & fro-ing it transpires that the letting agent only has one key; while the tenants were meant to vacate last week, they still haven't been able to contact one of them, who hasn't returned their keys, and in their words, "they have been aggressively pursuing him."

Where do I stand legally on this- are the vendors' solicitors in breach of contract for not securing the property to grant vacant possession? I am on my way to collect "said" key, not knowing whether it is for front door or back door. The property is in Northern Ireland btw..any thoughts please?

RAS

I assume by this that you have already exchanged contracts? Have you actually completed?

If so, why did your solicitor allow you to complete without clear vacant possession? I would not have even exchanged.

toofy

Exchange has been completed - I'm now in fear of squatting - won't know till I get to the property..how am I supposed to proceed?

BitterAndTwisted

Tell your solicitor not to complete until you can confirm with them that the property is vacant. Tell the vendor, their agent and their solicitor this also. If you can go round to the property now to check for yourself, do so asap.

Under absolutely no circumstances should you allow your solicitor to complete on your behalf until you are cerain that the property is vacant. By competing you could be taking on the responsibility for legally evicting the squatters if you did not make this a condition for completing. If you are buying with a mortgage your solicitor will not be able to complete. in any case, once they are aware the property is occupied.

budgetdiyer

I suspect someone somewhere along the line confirmed to the vendors solicitor that the property was empty and vacant, but i would'nt know who is liable.

Get on the phone to your solicitor asap!

andy.m_2

It is the vendor's responsibility to ensure a vacant possession at completion.

roger196

In the circs that you cannot be sure how many keys the tenants have, I would insist that the locks front and back are changed BEFORE completion. You would probably have to pay for this. I would be concerned that a tenant would try to get back into the property after exchange / completion.
I would also want WRITTEN confirmation from vendors solicitor that the property was vacant and that the tenants had left by proper legal means. You do not want a case for unlawful eviction on your hands.

toofy

Just a bit of an update - I went to the letting agent's & received one key, (without showing any ID!) went to the property & walked in to find several tenants' property still there, laptops & tv's running on electricity, and fresh bread in the kitchen.
I was on the phone to my solicitor when one of the tenants entered the property using his key, and he said he had nowhere to go, but would be out by tomorrow afternoon!
My solicitor has been able to withhold the funds until then, but if they don't commit to leave I will have to fore-go the transaction, it's been an absolute shambles that has wasted my time, as well as my solicitor's time and effort...

RAS

You cannot forego the transaction if you have exchanged - you are legally bound to complete or you lose your deposit.

You now need to insist that the vendor confirms that the property is vacant and demonstrates it.

I would suggest that you tell them that once the property is vacant, you will attend jointly with them.

Take meter readings (and photo the meters), insist that the vendor change the locks (cost of new barrels is about £5 each) and that the new keys are taken to the EAs.

toofy

No sure what my solicitor has threatened, but the letting agent has contacted another letting agent to house them, so they are apparently moving tomorrow - fingers crossed..New front & back door were always going to be a priority...just didn't think it would be such a mess to sort out!