Buyer suddenly springs a completion date on us for 3 months time

worriedhouse

oh also.. just to make me even more frustrated (though the buyers don't know this so I can't use this as an excuse right now) I will be 5 months pregnant if they make us wait until december... which also isn't ideal, especially as it's a house that needs a lot of work doing on it!!!

worriedhouse

Hi Clarabelle, Yes the solicitors opening hours did cross my mind. I'm not sure where they work unfortunately but hopefully when they reply (eventually) they will come back with their proposed "dates" so that should give us an idea..honestly, WHO wants to move right up close to christmas?!?!!

RAS

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_periodic_agreement

Assuming it is a periodic agreement. If they actually have a Fixed term agreement they need give not notice at all but cannot surrender early unless the LL agrees.

worriedhouse

Excellent, thanks RAS!

kingstreet

I think it's fair to point out that if the purchaser posted on here, we would advise them not to give notice on their rental until they exchange contracts, which normally means at least a month between exchange and completion.

The fact it's taken them so long to get to exchange is, of course, another issue altogether...

_Ed

They may be invoking a break clause in their AST, which like mine was 2 months, so could be a valid issue

worriedhouse

I'm going to ask my estate agent to point this out to them.. seeing as they're a bit clueless it seems in all aspects, maybe that extends to tenancy agreements...

lindsaygalaxy

Im a teacher and I think christmas is a terrible time to move! half term is much better as everything will still be open and hopefully the weather would be better!

clarabelle41

worriedhouse wrote: »

oh also.. just to make me even more frustrated (though the buyers don't know this so I can't use this as an excuse right now) I will be 5 months pregnant if they make us wait until december... which also isn't ideal, especially as it's a house that needs a lot of work doing on it!!!

Perhaps you could use this as a "I'm trying to be reasonable but..., added stress, busy time of year blah blah blah" kind of leverage tool?

G_M

1) if they have a fixed term tenancy with no break clause, they cannot end the tenancy early, but do not need to give notice at all
2) if they have a fixed term tenancy with break clause, then they may be able to give notice and leave early, depending on the wording of the break clause
3) if they have NO fixed term, (Periodic or 'monthly' tenancy) they can usually give a months notice any time
4) many tenants simply have to accept they ill have an overlap - buying property and paying mortgage while still renting and paying rent for a short time

My advice would be to do two things:
1) continue the sale process with them AND
2) put your property back on the market

Tell them you are doing this, and why (you are likely to lose the property YOU are buying) and say "if a new, faster buyer comes along, I will accept, if not I will Complete with you."