Seller & solicitor ignoring contact

Justin2909

So, made an offer August on house with no chain
Mortgage sorted mid Sept
Had no end of problems with the sellers solicitor who had to call our solicitor to say she hadn't got a clue how to deal with overage on land etc.
Anyway all.sorted were now ready to exchange with a view to completing Weds.
BUT solicitor came back earlier this week to say we have to wait for the sellers related purchase. This is the first any of us including his estate agent has heard about this. He expressly told me he'd move out and estate agents notes say hell move into rented. We had already pulled out of the first house in July because the seller was messing about so no chain was v important to us (we've sold 2 houses and had to move twice in 3 weeks with a 3yr old hence our request for chain free). Anyway seller and his solicitor are now ignoring all calls from the estate agent and our solicitor with regard to completing.....obviously he's delaying so he can link it all in with his surprise purchase. He's delayed throughout the whole process Tbh.
What do we do? We need to leave our rental property 18 Nov and have nowhere to go.
Stressful doesn't even cover it
Thank you x

cloo

First off, do you definitely have to leave on 18th, ie is someone moving in, for example? If it's just because that's the end of your notice, you don't have to go. In our first purchase we managed to get an extra month from LL.

Sadly everyone (or everyone's agent) says vendors will 'move into rented' if it'll help get a sale, but hardly anyone actually does this unless perhaps they're relocating to a totally different place.

Nick_C

There is nothing you can do to expedite the sale/purchase. You've not exchanged. The vendor could pull out of he wanted to (assuming this is England or Wales).

Try to negotiate an extension to your Tenancy Agreement. Your landlord can't evict you without a Court Order.

saajan_12

Justin2909 wrote: »

So, made an offer August on house with no chain
Mortgage sorted mid Sept
Had no end of problems with the sellers solicitor who had to call our solicitor to say she hadn't got a clue how to deal with overage on land etc.
Anyway all.sorted were now ready to exchange with a view to completing Weds.
BUT solicitor came back earlier this week to say we have to wait for the sellers related purchase. This is the first any of us including his estate agent has heard about this. He expressly told me he'd move out and estate agents notes say hell move into rented. - ah, that old line again.. granted you didn't know,
but I'd have taken that with a pinch of salt. We had already pulled out of the first house in July because the seller was messing about so no chain was v important to us (we've sold 2 houses and had to move twice in 3 weeks with a 3yr old hence our request for chain free). Anyway seller and his solicitor are now ignoring all calls from the estate agent and our solicitor with regard to completing.....- I know it's frustrating,
but practically there's little you can do, chasing isn't going to make them move any faster. obviously he's delaying so he can link it all in with his surprise purchase. He's delayed throughout the whole process Tbh.
What do we do? We need to leave our rental property 18 Nov and have nowhere to go. - why do you need to leave?
Did you give notice? Have your received a possession order from the courts? If not then you don't HAVE to leave.
Stressful doesn't even cover it
Thank you x

Re your rental:

• Did you give notice? Shouldn't before the sale is confirmed, which it isn't before exchange! If you overstay you'll be liable for double rent.
• Is your fixed term ending? You don't have to leave, if you stay it'll roll into a periodic tenancy on the same terms.
• Did the LL give notice? That doesn't end the tenancy, they have to apply to court for a possession order, and when that expires you still only have to leave when baillifs arrive (though you'll have to pay costs)

Re what to do

• If you don't have to leave, the cheapest thing in the short term will likely be to stay, and look for other rental / storage options should eviction go ahead.
• Actively view other properties, and tell the seller via the EA that you'll go elsewhere if you find something before they get their act together. View through the same EA so they know you're serious, and through others so they know they might not get a fee from your purchase.

eddddy

Unfortunately, lots of sellers 'promise' to move into rented to speed up the sale - and then change their minds.

I'm not sure they are always purposely telling lies at the outset - I think they don't realise the complications when they make the 'promise'.

The standard advice is not to give notice on your rental property, until contracts are exchanged for your purchase.

As others suggest, can you extend your current tenancy agreement beyond the 18th?