Please help completion day - when is house mine?

Asker

Hello, I've searched this but read different things but trust people here so would appreciate your input please. This is my first buy and I'm a bit nervous and upset by things.

To cut a long story short the vendor of the house I'm completing on on Wednesday is a nasty piece of work. ( rude phone calls and visits daily to harass me into exchanging before all searches etc through, taking all carpets and even laminate flooring against verbal arrangement, making me eventually exchange before getting my insurance sorted and the final straw now not letting me even go round for 15mins to measure up carpets that I'll need). Yes I've probably been a naive softie but I'm now feeling v angry and upset by it all.

He is a bit of hoarder and on Wednesday when completion happens I want my house,so now it's finally my turn to give as good as I get. Ok I know that's not the right attitude and ok, I don't really want to sink to his level but let's just say I'm not going to have any sympathy if he's still there emptying the house so my questions are:

1) At what point is the house legally mine and he is trespassing? The EA says I can pick up keys at 12 but I'm worried he'll still be there.

2). Am I right in thinking that once the completion has happened (I.e. money in his sols account) the house is mine and he has no right to be on my property? Or does one have to wait till the end of the day regardless?

3). If completion does happen as I understand it and I'm right that he would be a trespasser, what can be done in this situation? Can I say "get off my land now" and call the police to help? Does anyone have any experience?

I don't want trouble. I'm hoping he'll have gone and everything will be smooth for both our sakes but IF the unthinkable happens I want to know my rights before I let loose all the bottled up irritation he's given me.

Any help would be much appreciated.

Thanks in advance

hotpot1000

You need to alert your conveyancer/solicitor and make sure they underline the fact that you must have vacant possession on payment of funds.

My vendor was telling me it was good that I would give him a few days to move out, etc which I relayed to my conveyancer who told me that I must advise him otherwise and in accordance with the contract.

They also wrote it into the contract more forcefully, and I told the vendor too.
I was lucky that I wasnt actually moving into the house on completion day but still had heard nothing by 4pm and had to ring the vendor to chase up the keys.

You are entitled to the keys as soon as your money is paid to them, you do not have to wait til the end of the day and if I was moving in that day then go and start moving your stuff in, it's your house. You're right -time to harass him as it will be your property.

In any case you need to make sure you're happy on the day well before your solicitor closes.
good luck

Fire_Fox

There is no specific time, the property is yours when the money is transferred and you will be handed the keys when your solicitor has telephoned the estate agent. It may well be by noon because Wednesday is not a busy day for conveyancing. But honestly you will have enough stress without being petty over what time you get access. If the vendors aren't out on time they are probably doing it deliberately, just feel pity for such pathetic creatures.

Please don't waste police time, there are actual crimes need solving. And don't frighten or annoy or give a bad impression to your neighbours before you've even moved in by making a scene. Just telephone your solicitor and go have a really nice leisurely cafe/ pub lunch to celebrate the first day of the rest of your life.

Nan_Dingle

You could gazunder the vendor!

kingstreet

Fire_Fox wrote: »

There is no specific time, the property is yours when the money is transferred and you will be handed the keys when your solicitor has telephoned the estate agent

Just to clarify, key release takes place when the vendor's solicitor confirms receipt of the funds and informs the agent, not when the purchaser's solicitor confirms transmission.

hazyjo

Nan_Dingle wrote: »

You could gazunder the vendor!

Not when they've exchanged already.

Also, don't think you can just bin/destroy anything he leaves behind. Not sure of the legalities, but think you'll have to hang onto it for a while. Mind you, him proving he left anything is probably another matter...

As above, try not to get too worked up. I didn't get keys to my last house 'til around 3pm-ish, took a good half hour to drive there, and the vendor was still on her hands and knees cleaning the bathroom on the top floor (townhouse). (It was still filthy everywhere, so dunno why she bothered!) Chances are, it won't be midday. I'd just keep out of the vendor's way, but keep the EAs and solicitors well informed and have them start hassling them. The EAs he sold through should be on your side by the time completion happens and they generally don't have much patience with that sort of thing. Am sure they'll be glad to see the back of him too.

Keep the essentials to hand - and that includes cleaning stuff, kettle, food, bed linen, etc - and sort yourself out local takeaway numbers. You won't wanna be cooking (presuming you have an oven that's clean/useable if he's leaving it)!

Good luck.

Jx

girl_withno_name

A similar thing happened to a friend of mine recently - she collected the keys after work on the day of completion and headed over to her new flat around 7pm, only to find the previous owner still there! In fact he was still there until gone 9pm, but she had much more patience than I imagine I would've had - they waited for him to collect up everything that was his and get out before changing the locks...

Good luck and, if possible, do try to get to the property while your solicitor and the estate agents are still both available so you can make them your first point of contact (at 7pm on Friday it'd be police or patience)!

mysk_girl

Hmmm. We got our keys at lunchtime to our current house, headed over to find the vendor had only just started packing. This was Friday lunchtime. He finally moved out on the Sunday morning, our solicitor was gobsmacked, good job we were planning renovations and had our stuff in storage. Came to a head on the Saturday afternoon when we started ripping the place apart (demolishing walls etc) around him, he phoned round then and got a few friends to help him shift the last bits. Wasn't out of spite, I just don't think he was quite on the same planet as the rest of us!

We did ask solicitor how to force him out, should it come to that, and it would have involved court if he refused to leave. As he was actually moving stuff, we bit our tongues for 24 hours, then sent in hubby's cricket club with the crowbars to start!

partialycloudy

i think you can actually fine people for not moving out quick enough. A Work collegue had the same thing a few years ago, and i think his solicitor said he could charge them the interest on the mortgage as my friend was not able to move in as they had not moved out.

vectistim

The money will probably arrive at the seller's solicitors at 1.01pm, the solicitors will have gone to lunch from 1-2, then when they get back at 2 they'll wander round, have a cup of tea, and then check the bank to find the money's turned up and then call the agents to say they can release the keys.

Richard_Webster

Go to the property mid morning and see if he is moving out. Politely point out to him that completion doesn't happen until he has given vacant possession and you can ask your solicitors to delay sending the money until he has gone. (They may either do that or ask his solicitors to hold the money received to their order until he has vacated.) That way they can't use the money on any related purchase or pay off their client's mortgage!

You need to warn your solicitor beforehand about your concerns and make sure doesn't send the money until you are happy.

Once the money has gone you can huff and puff and threaten all kinds of things and the seller really doesn't have to do anything because he has no incentive to do so. As others have pointed out the police will not be interested.

If he has a related purchase and there is the prospect that he won't be able to complete that because he has been slow moving out then he might do something.