Am I being unreasonable?

[Deleted User]

So I had an offer accepted on a flat on 16 April, I was told the vendor wanted a quick sale, as did I, though the place is tenanted so I expected delays. Two months later, the vendor's solicitor hasn't sent through any of the paperwork, and hasn't provided an explanation for the delay. My solicitor tells me that it's normal to get the paperwork sent over within a couple of weeks of the offer being accepted, and that this is unusual.

I've made a fuss about it with the agent and said that if the paperwork isn't sent over very soon I'll have to walk away, and she seems to think I'm being unreasonable. This has made me wonder whether I'm missing something - is there any possible reasonable explanation for what's going on?

In the two months since the offer was accepted I've had the survey done, got my mortgage offer, got quotes for work that needs doing on the place, tried to negotiate the price down to reflect that (they vendor has refused to drop the price at all). Yet still no paperwork.

Their first buyer pulled out after the survey (I assume put off by the amount of work that needs doing). Since they've been through this once already I would have thought they would have all the paperwork ready to go. I can't help but feeling there must be something more going on here, and they're deliberately stalling for some reason.

BitterAndTwisted

Don't take any notice of the agent. All they are interested in is getting their commission.

I don't think you are being unreasonable and I'd want to know why things are dragging on as well. Although I have an inkling as to why it might be. It's the tenants.

[Deleted User]

I suspect it might be the tenants too, but I wish they would just explain what's going on. I have asked the agent if the vendor will confirm when the tenants are leaving and she didn't get back to me with an answer. I asked the tenant herself (whose English isn't great) and she said she was leaving in July, but didn't give an exact date. I realise the whole tenant situation isn't ideal and is likely to cause delays, but it's the total lack of communication that's bothering me. Plus I'm not sure how withholding the paperwork would help things at all.

phoebe1989seb

Mmmm......I think B&T is correct - the tenants are the most likely cause of the delay......or more accurately the LL's failure to do things correctly perhaps

We bought a tenanted house a few years ago - there were actually four tenants as the house had been divided into flats - and it took a fair few months, a trip to court and a wedge of cash to get vacant possession.

We had our offer accepted in the Spring, completed on our sale at the start of July and it was mid September before the tenants were all gone, the final two having to be evicted......

Hope you have an easier journey

Riggster

Listen to your solicitor, they're the only one being paid by you! I like conveyancing solicitors. They may be infuriatingly slow, but if you've got a half decent one, all they do is look after your interests.

You're not being unreasonable. Ask your solicitor to ask the vendor's solicitor what the !!!! is going on. If they can't give you a swift sensible answer, walk on (or at least threaten to).

[Deleted User]

Thanks all for the responses.

Phoebe, that sounds like a nightmare. How did you end up exchanging without vacant possession? If this sale goes through I'm not going to exchange until I've seen with my own eyes that the tenants are gone!

My solicitor has requested the paperwork and had nothing back, but I've asked her to chase them again. It just seems odd that they haven't even explained the reason for the delay.

I have also asked (via the agent) a couple of times when the tenants are leaving but they never got back to me. I asked the tenant herself when I was there and she said July, but didn't give an exact date - difficult to know whether this is to do with language issues or if she just doesn't have an exact date. My impression is that the tenancy is probably quite an informal arrangement and I strongly suspect that she hasn't had a valid section 21 eviction notice, but I also suspect that she doesn't know enough about UK law to know that that's a requirement.

princeofpounds

2 months is in deed totally unreasonable, at least to get things going.

Personally, I would let them know that you are going to look at other properties given the lack of communication. Then I would actually do it; you have no idea how long they will take.

If they manage to sort things out then you can still proceed.

ValHaller

If nothing has been sent to your solicitor by now, something is quite wrong. In your position, I would be preparing for this not to go ahead. You should ask your solicitor to write to the seller's solicitor and ask for contract papers in 14 days, to keep you informed of developments but to undertake no other work.

In the meantime I suggest you start looking for another property and take your time. Unlike Prince of Pounds I would not make much of looking at other properties. As and when you find another property, just ask your solicitor to 'return papers without comment', which will be the end of that deal. If the current one comes live, then instruct your solicitor to proceed.

bris

If there is tenants involved then the vendor has a limited say in when they must leave. They can give then the S21 but whether they go or not is a different matter, it can take 6+ months to evict a stubborn tenant.

princeofpounds

Unlike Prince of Pounds I would not make much of looking at other properties.

Well I didn't mean to 'make much' of it, simply inform them in order to prompt some communication or urgency. But that's a matter of personal preference I suppose.

[Deleted User]

Thanks all. This is pretty much what I'm doing. I'm arranging some other viewings for this weekend, and have told the agent that the papers need to be sent over straight away or I will walk away. I didn't put a specific time limit on it though because there's very little on the market at the moment in the area and I don't want to paint myself into a corner.