Advice please, sellers want 24 hours to move out after completion!

Kaos_2

Hi, we're buying our first house and exchanged contracts last week and agreed a completion date for tomorrow.
Last night the seller rang us and said he had a favour to ask... could we complete as planned but allow him 2 more days to move out.
We discussed it and rang him back to say we couldn't do that as we have things in place to move on Saturday but could work with him for him to have access on Friday if he left stuff in the garage and possibly one room in the house.
He didn't let us even make that offer and simply said that either we agree or he won't complete.
It transpires that he won't get keys to his new place until he can make a large down payment from the money from the sale of his house (even though he is going into rented). He also can't afford a removal firm so is moving himself using his own van.
So, he backed us into a corner. If we refuse he won't complete. We need to get in this bank holiday weekend.
Alternatively he will complete as planned tomorrow, we have to give him back a set of keys and he will get his keys to the new place and move stuff like crazy for the rest of Friday and from crack of dawn saturday... he expects to be out by 9am Saturday at the latest.
With no option we've verbally agreed to this and as we have a deliberate overlap between completion on the new house and the date we have to be out of our rented house we can manage with one day less but we can't afford to lose the whole bank holiday.
What I need to know is how much we should be worrying about this? Is it normal? Can it all go horribly wrong for us? I'm panicking!
Hope that made sense... and we'd be grateful for any advice please!

Bart1

Tell them to do one. It's an empty threat he has to complete

G_M

No.

I'm afraid I didn't read beyond the title of the post, but...no.

On Completion the seller hands over the property with vacant possession. Anything else is fraught with legal problems.

Pixie5740

The correct response is Foxtrot Oscar.

If necessary contact your solicitor to contact the vendor's solicitor so that he/she can impress upon the vendor that come hell or high water he needs to give you vacant possession tomorrow.

pinkteapot

Don't talk to him any more. Phone your solicitor and tell them about the conversation. As Pixie said, ask them to ask his solicitor to explain to their client in words of one syllable that completion means get out.

Do not let him have keys after completion. It's your house. If he can't move all his stuff out in time and you're feeling helpful and generous, let him come round at a prearranged time when you'll be present to remove the remainder of his things.

If he were to refuse to complete, he would be legally liable for any and all costs that you incur as a result (temporary accommodation, costs due to changing dates with your removers, etc). If it happens (which is extremely unlikely), keep a note and receipts for any costs you incur. But the chances of you needing this advice are incredibly slim, so please don't worry unduly!

Kaos_2

Bart1 wrote: »

Tell them to do one. It's an empty threat he has to complete

OK, that is one option. But I don't think it's an empty threat. As far as we can tell they aren't being deliberately awkward, it's too late for them to book a removal firm even if they can afford it, which apparently they can't. We know they're packed and ready to go but they can't get their new keys until they've got some money to hand over to the letting agents.
Knowing that they'd be in breach of contract doesn't really help us when we've got friends and family booked to help us move this weekend and we have very limited time to move before our tenancy ends. I'm disabled and my partner can't get time off work, we need the bank holiday weekend to move!
We do have sympathy for the seller as we know he has a disabled wife, pregnant daughter and another teenage daughter and no job We don't *need* to have access until Saturday morning (and he's happy for us to go in Friday night to do some measuring up that we'd planned to do), so we don't mind them not being out until then, but we're worried about the legal implications and what happens if something goes wrong *worries*

DaftyDuck

You tell your solicitor to tell his solicitor to tell him to get out on time, or face all your additional costs.

Having just written elsewhere that I don't mind talking to a vendor direct... this is the kind of conversation I do NOT engage in. Ever!

Don't take his calls any more. this is not a risk worth taking. If you are buying with a mortgage, it's not a risk the solicitors will take either.

G_M

Well. You've had advice here.

Now talk to your solicitor.

pinkteapot

Kaos wrote: »

As far as we can tell they aren't being deliberately awkward, it's too late for them to book a removal firm even if they can afford it, which apparently they can't. We know they're packed and ready to go but they can't get their new keys until they've got some money to hand over to the letting agents.

None of this is your problem. They've known for ages they'll be moving, and they've known the date since last week. It's not your responsibility to make up for their lack of organisation.

AnnieO1234

Sorry but "he's happy for you to go in Friday night", erm no hon it's your house once completion has taken place. He's contractually obliged to leave with vacant possession and if you allow him to continue living there after completion has happened you're potentially invalidating your mortgage. The second you complete he would become your tenant and could, I'm not saying he would, refuse to leave. Then you'd be in a position where you had to seek proper notice etc and need to find somewhere else to live.

Tell him to foxtrot oscar in the strongest way possible. xxx

pinkteapot

AnnieO1234 wrote: »

if you allow him to continue living there after completion has happened you're potentially invalidating your mortgage

and your home insurance