First Post- Eviction/Possession order help!!!

missnishnash

Hoping someone can help/give advice.. it's my first post, go easy on me!

I am a first time buyer.. Offer accepted on property in January 2017, exchanged contracts May 2017 with intention to complete on 19th May.
I exchanged contracts whilst tenant was still in property (break in contract says that I can pull out of sale and get all fees/deposit back when my mortgage offer expires which is in three weeks) Looking back, i shouldn't have exchanged before tenant vacated.

anyway.. 5 days before completion date I am told that the tenant has not found another property. It then comes to light that they are on housing benefit and therefor waiting for the council to rehouse. I have no bad feelings towards tenant at all.. I know they are within there rights to stay put until bailiffs come.

Section 21 has expired. Sellers have applied for possession order through courts (tenant has already had 2 weeks to contest this which he did not)

Questions - Will council re house tenant before bailiffs knowing that the sale will fall through otherwise?
- Estimated time frame after the tenant has 2 weeks to contest possession order and actually getting it?
-Is it likely that I am able to complete before my mortgage expires in three weeks?

Anyone been through something similar- any advice please! This has been going on for months know and i'm struggling with not knowing whats happening.[/LEFT][/LEFT][/LEFT][/RIGHT]

Lokolo

What has your solicitor said about the matter?

I personally can't see you completing in the next 3 weeks. How are you planning on getting the fees and deposit back from the vendor?

Guest101

missnishnash wrote: »

Hoping someone can help/give advice.. it's my first post, go easy on me!

I am a first time buyer.. Offer accepted on property in January 2017, exchanged contracts May 2017 with intention to complete on 19th May.
I exchanged contracts whilst tenant was still in property (break in contract says that I can pull out of sale and get all fees/deposit back when my mortgage offer expires which is in three weeks) Looking back, i shouldn't have exchanged before tenant vacated. - Please tell me you are using a real solicitor to handle this?!

anyway.. 5 days before completion date I am told that the tenant has not found another property. It then comes to light that they are on housing benefit and therefor waiting for the council to rehouse. I have no bad feelings towards tenant at all.. I know they are within there rights to stay put until bailiffs come. - Yes but you should be suing the A**e off the landlord!

Section 21 has expired. Sellers have applied for possession order through courts (tenant has already had 2 weeks to contest this which he did not)

Questions - Will council re house tenant before bailiffs knowing that the sale will fall through otherwise? - No.
- Estimated time frame after the tenant has 2 weeks to contest possession order and actually getting it? - Eviction at this stage takes approx. 6-8 weeks
-Is it likely that I am able to complete before my mortgage expires in three weeks? - no idea

Anyone been through something similar- any advice please! This has been going on for months know and i'm struggling with not knowing whats happening.[/LEFT][/LEFT][/LEFT][/RIGHT]

Sue the vendor!

gingercordial

So you have exchanged including a completion date of 19 May. Your seller has failed to complete as they cannot give you vacant possession.

Your seller will be liable for your costs incurred as a result of their failure to complete - has your solicitor advised you about this? Are you keeping track of all costs? Where are you living now?

DumbMuscle

missnishnash wrote: »

Hoping someone can help/give advice.. it's my first post, go easy on me!

I am a first time buyer.. Offer accepted on property in January 2017, exchanged contracts May 2017 with intention to complete on 19th May.
I exchanged contracts whilst tenant was still in property (break in contract says that I can pull out of sale and get all fees/deposit back when my mortgage offer expires which is in three weeks) Looking back, i shouldn't have exchanged before tenant vacated.

anyway.. 5 days before completion date I am told that the tenant has not found another property. It then comes to light that they are on housing benefit and therefor waiting for the council to rehouse. I have no bad feelings towards tenant at all.. I know they are within there rights to stay put until bailiffs come.

Section 21 has expired. Sellers have applied for possession order through courts (tenant has already had 2 weeks to contest this which he did not)

Questions - Will council re house tenant before bailiffs knowing that the sale will fall through otherwise?
- Estimated time frame after the tenant has 2 weeks to contest possession order and actually getting it?
-Is it likely that I am able to complete before my mortgage expires in three weeks?

Anyone been through something similar- any advice please! This has been going on for months know and i'm struggling with not knowing whats happening.[/LEFT][/LEFT][/LEFT][/RIGHT]

So just to calrify a couple things:

Does the contract specify a completion date? Or just something along the lines of "as soon as possible after the property is vacant" (plus the break clause).

What exact language is used to specify "all fees"?

Who has the deposit money now? Your solicitor? The seller?

You're not getting the house. You need to figure out exactly how much money you're getting back, and how you're getting it back. By the sounds of it, you're not getting it back until at least 3 weeks, at which point you can invoke the break clause

parkrunner

missnishnash wrote: »

Hoping someone can help/give advice.. it's my first post, go easy on me!

I am a first time buyer.. Offer accepted on property in January 2017, exchanged contracts May 2017 with intention to complete on 19th May.
I exchanged contracts whilst tenant was still in property (break in contract says that I can pull out of sale and get all fees/deposit back when my mortgage offer expires which is in three weeks) Looking back, i shouldn't have exchanged before tenant vacated.

anyway.. 5 days before completion date I am told that the tenant has not found another property. It then comes to light that they are on housing benefit and therefor waiting for the council to rehouse. I have no bad feelings towards tenant at all.. I know they are within there rights to stay put until bailiffs come.

Section 21 has expired. Sellers have applied for possession order through courts (tenant has already had 2 weeks to contest this which he did not)

Questions - Will council re house tenant before bailiffs knowing that the sale will fall through otherwise?
- Estimated time frame after the tenant has 2 weeks to contest possession order and actually getting it?
-Is it likely that I am able to complete before my mortgage expires in three weeks?

Anyone been through something similar- any advice please! This has been going on for months know and i'm struggling with not knowing whats happening.[/LEFT][/LEFT][/LEFT][/RIGHT]

Unlikely having watched recent TV programmes.

silvercar

Seller could contract high court enforcement officers, who would move that much quicker.

..according to those TV programmes.

missnishnash

-The contract states to complete on the 19th May or 5 working days after the tenant has vacated.
-My solicitor has said that I will be able to get my deposit back and use the solicitor fees on my next property.
-I can't believe i haven't actually thought of that, I assume my solicitor has the deposit. First thing i will be asking tomorrow!

Thanks for your response!

missnishnash

I'll be honest, my solicitor hasn't said much.
I'm on my third contact there as they keep passing me around to people.

The last person I spoke to actually told me not to call again as he will contact me for an update!

G_M

missnishnash wrote: »

-The contract states to complete on the 19th May or 5 working days after the tenant has vacated.

What!?? :eek: Did you solicitor agree to this? Did he explain the risks? That is a totally open-ended agreement. It might be months or years in the future! Mad!

-My solicitor has said that I will be able to get my deposit back and use the solicitor fees on my next property.

I suspect he's offering you to transfer the fees as he knows he has really mis-advised you......

Where is the deposit? I assume the seller's solicitor has it. He may refuse to return it as the seller has NOT failed to Complete since the Completion date (5 working days after the tenant has vacated. ) has not yet passed!

-I can't believe i haven't actually thought of that, I assume my solicitor has the deposit.!

I doubt your solicitor has it - he will have paid it to the seller's solicitor on Exchange of Contracts.

I think you need independant legal advice regarding a possible claim of mis-advice by your solicitor.

But start by escalating this intermally. Look up your solicitor's complaints procedure, and use it.

[Deleted User]

Have you phoned your Mortgage company to see if they will extend?