Move in date delayed - compensation?

charco

Been informed today that the seller wants to push back our move in date by 3 weeks as they have a tenant in the property and never followed the correct process to serve them their notice. All the missives have been signed and concluded with the original move in date stated. By law we can pull out of the sale and the seller will be forced to pay our legal expenses but what about compensation? We want to request compensation but we're unsure how much would be reasonable. Any ideas? We're fortunate we can stay with my parents and store our stuff there but it's a big inconvenience and means it takes longer and costs more to get to work. Made worse by my wife not being able to drive meaning we both need to come and go together.

Riggster

Have you actually exchanged contracts? If not, you're entitled to squat diddly.

What does your solicitor say? I can't believe they'd exchange contracts with a tenant still in the property.

If you're not careful you could end up being landlord to the tenants...

G_M

Riggster wrote: »

Have you actually exchanged contracts? If not, you're entitled to squat diddly.

'Missives'.

this is Scotland.

Riggster

G_M wrote: »

'Missives'.

this is Scotland.

Fair point. Please ignore my advice!

scottishblondie

Generally speaking the vendors will have to pay you an amount for every day past the date of entry that you cannot take possession. There should have been a clause in the missives relating to this. You really need to speak to your solicitor.

charco

Thanks everyone.

The seller is a bit of an idiot. She agreed verbally to a date then discovered she had to give her tenant 2 months notice (why didn't she check this BEFORE marketing?!). She then managed to fill the form in incorrectly. The tenant is lovely and happy to go but the property has been let via the Council so she needs the proper forms for them to rehouse her. So the problem is 100% the seller. Sure the tenant is equally frustrated!

Contract (missives) are concluded so will speak to my solicitor about compensation/pulling out.

Ulfar

charco wrote: »

Thanks everyone.

The seller is a bit of an idiot. She agreed verbally to a date then discovered she had to give her tenant 2 months notice (why didn't she check this BEFORE marketing?!). She then managed to fill the form in incorrectly. The tenant is lovely and happy to go but the property has been let via the Council so she needs the proper forms for them to rehouse her. So the problem is 100% the seller. Sure the tenant is equally frustrated!

Contract (missives) are concluded so will speak to my solicitor about compensation/pulling out.

In this case it may take longer, in England the tenant has to be at the point of being evicted, this is a very different date than when their notice expires.

Not sure if that is different for Scotland, or for your local council.

The Vendor is a prat, get on to your conveyancer and ask them what you are due for her breach of contract.

ValHaller

charco wrote: »

.... Contract (missives) are concluded so will speak to my solicitor about compensation/pulling out.

I suggest you do not rush immediately to cancel the missives/contract but look to keep the deal on the road until and unless you make up your mind to withdraw irrevocably. Compensation may be defined by the missives - you may also have scope to negotiate a bit more as part of the cost to the vendor for keeping the deal on the road if she is minded still to sell to you.

In the past few days there was a thread on here about a sale being aborted (England) after exchange of contracts, because one of the parties had a cancer diagnosis. The OP rescinded the contract and then started talking about what to do - poorly advised by the solicitor IMO - because it seemed to me they had put themselves in the weakest position to negotiate anything above what was in the contract before they even started.

charco

Thanks. Wouldn't be pulling out until the compensation is confirmed. Most likely we'll still take the property but will want compensated for the considerable inconvenience. If the vendor gets funny about it then we will pull out and take her to court. This will cost her far more.

In Edinburgh the notice to quit is 2 months from the date the notice is served. The tenant can refuse but would be taken to court with the result being eviction. The woman in it is lovely so this shouldn't happen. She/the Council need the forms done correctly (they have been now) so she can be processed for rehoming. She's been aware for a while and did a great job showing us round (perhaps too good!). It's just her landlord that's messed things up.

Ulfar

charco wrote: »

In Edinburgh the notice to quit is 2 months from the date the notice is served. The tenant can refuse but would be taken to court with the result being eviction. The woman in it is lovely so this shouldn't happen. She/the Council need the forms done correctly (they have been now) so she can be processed for rehoming. She's been aware for a while and did a great job showing us round (perhaps too good!). It's just her landlord that's messed things up.

This is where in England some councils require the tenant to be at the eviction stage not just the having been given notice before rehoming action is taken.

charco

Think it's different in Scotland. We've had it confirmed that everything is now sorted. Apologetic seller and they've agreed to what we requested as compensation. Good news but still a pain in the backside for us.