First Post- Eviction/Possession order help!!!

csgohan4

for those who read this, always vacant on exchange, anything else is risk which you bear. LL here clearly wants his cake and eat it, hopefully he will have egg on his face now

missnishnash

@deannatrois I have- they said that it can't be extended by them (it's with nationwide?)

Out,_Vile_Jelly

What a mess. I think you should accept that you are highly unlikely to be able to buy within your mortgage offer timeframe and should focus your efforts on claiming for costs incurred after exchange, and seeing if your solicitors have followed correct procedure.

Are mortgage offers even valid for exchange without vacant possession?

Guest101

You'd better be filling in court papers today....

david1951

"contract states to complete...5 working days after the tenant has vacated"

Taking this literally, this is basically endless. However, you might be able to argue that there was an implied agreement that the tenants would be vacated soon after 19th May, and that this clause would not be taken by a reasonable person to mean 'endless'. This would require looking into any communications from the seller or their solicitor. This is something for your solicitor to advise on, but it sounds like you went for a cheap online solicitor and so you might be a bit stuffed in this respect. Paying a new solicitor to take on the case might not be cost effective.

Raising a complaint would be the first thing to do, based on a) that they agreed to this clause in the first place and b) that their lack of advice has caused you losses (rent?).

You need to document any costs that you are incurring due to the lack of completion.

DumbMuscle

You mentioned a break clause in the contract in your first post - could you quote that here for us? That's probably your way out.

AnotherJoe

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.

Looking forward you shouldn't have exchanged either, that's a constant refrain on here.

What were you thinking and didn't your solicitor advise against, especially with a mortgage offer so close to ending??


I'd start by demanding my deposit back and see where it goes from there.

This could get very nasty, in theory the vendor could string you along indefinitely unless that break clause really does mean what you think in which case you have 3 weeks to wait, and you might well need a new solicitor to sue the old one.