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

Pixie5740

If you are getting a mortgage then your lender will insist upon vacant possession or funds will not be released.

I'm not sure what advice you are looking for as I think everyone here will universally agree that it's a bad idea. Talk with your solicitor, that's what you pay them for, to advise you.

Bart1

Turn up with a mob of your mates and turf him and his furniture out

staple28

What if he decides to stay and claims squatters rights or something and you cant get him out. Do not entertain it it's not worth the possibilities. I'd listen to all the advice you have on this thread!

Kaos_2

Thankyou so much for all your replies, they're coming in so fast that I start typing and there's more!
Our solicitors have responded and said that they feel we should allow some leniency to ensure that completion goes ahead. They suggest that we hold the keys but allow him to move his stuff out throughout Friday and if anything is left at the end of Friday to lock up and then allow him entry again Saturday morning.

Kaos_2

Pixie5740 wrote: »

If you are getting a mortgage then your lender will insist upon vacant possession or funds will not be released.

I'm not sure what advice you are looking for as I think everyone here will universally agree that it's a bad idea. Talk with your solicitor, that's what you pay them for, to advise you.

We're first time buyers and this has gone through very very fast. We have absolutely no idea what to do, we're out of our depth!
I very much appreciate all the advice and am already relaying the messages to my partner who is trying to get it sorted out.
This is a nightmare, we knew it was going too smoothly!

nidO

Kaos wrote: »

OK, that is one option. But I don't think it's an empty threat.

As said by everyone else really.

His threat of failing to complete is really just shafting himself, as you hold all the cards here and he's liable for every one of your costs involved in him failing to complete.

The one thing you absolutely do not want under any circumstances to do is complete and allow him any leeway to stay in the property even if you go behind your solicitor's back to get funds released, as doing so carries enormous risks that're all yours - You need to get your solicitor to contact his solicitor to make sure he's aware that completion means he's gone, and not completing means he's liable for your costs.

Stop talking to the guy, phone your solicitor, relay to him what the vendor has told you, specifically that he's threatening to fail to complete unless you allow him to stay in the property (which you must under no circumstances whatsoever do) and get your solicitor to sort it out with the vendor's.

pinkteapot

What I said. The key point in what your solicitor said is not letting him have keys himself, and keeping an eye on what he's doing. Don't be browbeaten by him into handing over a spare key.

Credit-Crunched

OP, you have been advised what to do by several people. Yet, you still claim to be considering his demands.

He has no legal right to stay past completion, it is your property. If he has not sufficiently prepared financially or logistically for the move, then that is his issue not yours.

You may have sympathy for him now, how would you still have it if he refused to leave for another week, or 2. This resulting in you being homeless, or bankrupt due to legal costs.

How about, on the Sunday he accidentally leaves the bath running, and trashes YOUR property.

It is riddled with potential problems, in reality, they are unlikely. Question is are you willing to risk your family home and savings on the outcome?

You hold all the cards, him none. Refused to speak with him, and liaise through solicitors.

If you don't listen to the advice on her, then more fool you.

Sorry to be harsh, but I think you need it.

Guest101

Kaos wrote: »

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*

Your solicitor wont release the funds without vacant possesion.

If by some miracle you do complete, you are then liable for them as TENANTS.

You cant even evict them easily.

Hes happy for you to go in?! its your house. You shouldnt care if hes happy, sad, angry. Not your problem.

davidmcn

Kaos wrote: »

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

I'm sure they have friends or relatives who can help them out with pairs of hands and/or storage space - they can start shifting stuff out today if necessary.

Are they also begging for leniency from their new landlord to let them in a bit early?