proof that someone will vacate the property

peterpedro1980

Hi all,

recently sold my late mums house, my mum partner still lives there but aware that he will have to move out which he is fine with.

hes not been paying rent hes just basically been looking after the house.

The solicitor want proof that he will vacate the property before or on completion of the sale

what proof can i provide ?

Guest101

ozzyosbo wrote: »

Hi all,

recently sold my late mums house, my mum partner still lives there but aware that he will have to move out which he is fine with.

hes not been paying rent hes just basically been looking after the house.

The solicitor want proof that he will vacate the property before or on completion of the sale

what proof can i provide ?

Normally the occupants sign a document agreeing to leave before completion

In practice this is not so easy.

Does her partner have an interest in the property? - e.g. by paying the mortgage

peterpedro1980

no theres no mortgage and he has no legal attachment to it, i obtained probate they were not married

Guest101

ozzyosbo wrote: »

no theres no mortgage and he has no legal attachment to it, i obtained probate they were not married

I believe he is just a permitted occupier and therefore has little legal right to remain. The solicitor may have a form to sign to say he will vacate.

it's worth working with him to find alternative accomodation

theartfullodger

A signed "Deed of surrender" AFTER they have vacated the premises & returned all keys. Anything else is just a promise... which would be nigh on impossible to enforce...

As he presumably lived with mum for some time he may well have rights to both live there and/or the proceeds of sale, even though he was not named on the deeds: Don't believe me?? Then read this 48 page booklet...
http://england.shelter.org.uk/__data/assets/pdf_file/0020/23393/ShelterGuide_RelationshipBreakdown.pdf
- in particular the bits, page 37 onwards, beneficial interest etc..
(He may of course be viewing this thread..)

jjlandlord

Just ask what proof they would accept. If they are happy with a signed document, go for that.

Be careful, though, that if completion cannot occur because he hasn't left you (or rather your mother's estate) will be in breach of contract.
The safest option is for him to leave before exchange.

princeofpounds

Yes for your own legal safety he really needs to move out first, unless you totally trust him AND he has 100% certain accommodation to move into afterwards (he might not want to let you down, but his future LL might not care when he gets a better offer).

peterpedro1980

this is what my solicitor have said

If he is still in the property up to completion he will need to sign the contract. However if he leaves before then he wont need to sign. Can you please inform us immediately of the date he vacates the property.

silvercar

ozzyosbo wrote: »

this is what my solicitor have said

If he is still in the property up to completion he will need to sign the contract. However if he leaves before then he wont need to sign. Can you please inform us immediately of the date he vacates the property.

I would have thought "completion" should be replaced with "exchange" in that quote.

eddddy

ozzyosbo wrote: »

...
The solicitor want proof that he will vacate the property before or on completion of the sale

what proof can i provide ?

ozzyosbo wrote: »

this is what my solicitor have said

If he is still in the property up to completion he will need to sign the contract. However if he leaves before then he wont need to sign. Can you please inform us immediately of the date he vacates the property.

Based on your second post, the solicitor isn't asking for proof of anything, he/she is just asking for the date that your mum's partner is leaving the house.


- If he's leaving before exchange of contracts, no action is needed.
- If he's leaving after exchange of contracts, he has to sign the contract to confirm he's leaving.

But...
- if he doesn't end up leaving by the completion date, your mum's estate is likely to get sued by the buyers
- if the buyers (or their solicitors) suspect there is some kind of problem in advance, they may insist that the partner moves out before exchange

Hoploz

There was a similar case to this in my family some years ago. My uncle owned the house my granny and her recent husband lived in (not quite the same but there are similarities) My uncle had to go through the whole eviction process after my granny died, even though there was no tenancy agreement, so that the husband could be housed by the council in their sheltered accommodation. If he had left before eviction they counted it as making himself intentionally homeless so they wouldn't help.

Have you got something sorted for the partner afterwards? The more helpful you can be at this stage the better I would say. Get something lined up for him to go to as soon as possible, to prevent him being stuck without a home.