Can i force a completion date?

wowdisney

Hi
I have been through the mill this year and looking for some advice!
Had a bit of a rough time with illness, a separation and family deaths and my first house sale fell through at the last minute (Im a FTB). I put an offer in on a new house on the 1st September & Im still waiting to get in. My vendors solicitors submitted 'purchase related enquiries' to their vendor at the start of nov (who is renovating a property so there is no upper chain) and he's still not replied. Their solicitor seems only part time, my vendor says they don't want to move if after the 5th December (so not to disturb the kids) and I am in rented accommodation (so if not out by the end of the year have to sign another 6mth contract and I simply cant afford to do that and lose up to 3k once I move). And to be truthful I cant see me getting through Christmas as I am on my own in not the greatest of flats with my parents living away, have all the upset of this year on my mind and I have been dead efficient throughout whilst both my vendor and theirs have needlessly delayed things. This has taken its toll as it is
Anyway my question is, if their vendor finally returns purchase enquiries (which apparently are all simple questions) but the completion would be delayed until the 12th December how can I force the completion? (as I stand to lose an awful lot of money and at the end of the day they are in a loving relationship with both sets of parents nearby-seems a bit mean for me to have an upsetting Christmas at the sacrifice of them having a bit of inconvenience). I completely understand Christmas is a family time but at the end of the day they have so much support around them and they've delayed things along the way too

mrginge

Why do you have to sign a six month contract?

PasturesNew

You can't. You can give them an ultimatum of "get your finger out else I walk...." but if they don't get their finger out that leaves you back at square 1 and house-hunting again.

You don't have to sign a new 6 month contract. Simply inform them you're staying on in a periodic tenancy and keep paying the rent and don't sign anything.

wowdisney

As I have to give 4 weeks notice (and knew that searches and surveys were done on both sides and there was no upwards chain) I thought it was relatively safe to notify my landlord of notice (whether that be naïve or not) and he has always been good to me so didn't want to let him know at last minute. He has therefore notified letting agents and so the only way I can stay is get a new 6 mth contract (as, at the end of the day, he is more likely to favour a new tenant who will have to sign a 6mth contract than me asking for a periodic contract till 'whenever' it will be).

G_M

Strange that your notice is 4 weeks - not sure I believe that, but that's now neither here nor there.

Giving notice on a tenancy before you've Exchanged Contracts on your purchase is indeed either rash, naive or downright stupid. However, it's done now.

If you fail to leave when your notice expires, the landlord could potentially charge you double rent

Force the seller to Exchange/Complete? You can't. You can bluff, and threaten to pull out if he fails to meet your deadline, but he may just ignore you. Then you either back down and look stupid, or walk away and

a) end up homeless or
b) end up paying double rent or
c) end up signing that 6 month tenancy AND have to start house unting again.

Kynthia

If you tell your buyers that you've already given notice, so if you don't complete by X date you will be forced to rent somewhere for 6 months and pull out. As it's not just you threatening to pull out but tgat you've already given notice then it might hold more weight. However it was rather rash as most purchases take 3 months and many take longer with things cropping up last minute so they might not have sympathy for your foolishness. They might decide they can find another buyer, or the enquiries might throw up other issues meaning they aren't happy to exchange yet.

wowdisney

Thanks... not

martindow

Are you in Scotland or N Ireland, OP? Remarks about notice and periodic tenancies on this board assume you are in England or Wales. Four weeks notice suggests you could be elsewhere where things are different.

The agent will be keen for you to sign a new contract so they can collect fees from you and your landlord. There are frequent threads here where agents say you've got to leave at the end of the contract or sign a new one when there are other options.

As you seem to be on good terms with your LL explain the situation to them. Clearly you are better off going onto a periodic contract giving a months notice (assuming E&W). Regardless of the contract and legal requirements, you and the landlord can agree alternative arrangements, for you to give notice that doesn't align with rent periods for example. You both need to be careful that you aren't being pushed around by an agent who is only interested in getting fees.

Wassa123

Put stuff in storage and book yourself into a hotel. Cheaper than 6 months rent!

ognum

wowdisney wrote: »

Thanks... not

You haven't heard what you want d so you make a comment like this when others have tried to help!

eddddy

To summarise, you cannot force somebody to complete on a particular date. But you can try to persuade them.

That persuasion could be in many forms including...
- "It would be really helpful to me if you could agree...", or
- "If you don't agree, I'll walk away..."

It's hard to predict which, if any, of these strategies would work - it depends entirely on the mindset and circumstances of the seller.