Moving in before they've moved out AFTER exchange

npsmama

OK, weird situation.

Our sellers are fantastic people and as I am due to give birth very soon they are doing their best to help.
The property has a granny annexe at the bottom of the garden. They've asked if they can stay one night in there after we have exchanged. We're happy with that.

We're going to need accommodation for a wekk or so and as such it would solve many, many problems if WE stayed there for a week or so and paid them rent.

Could I have thoughts on this scenario please?

It would be after exchange but before completion and we would draw up a contract between us.

Many thanks

PasturesNew

I suspect your solicitor would strongly advise against them staying there. I presume you mean on the day of completion, you're moving into the house and they are scuttling down the garden to sleep in the annexe for 1 night?

Last property I bought, they wanted to leave a freezer and a few other things in the garage for a few days. My solicitor advised against it.

While on the surface it seems straight forward, the legal profession are not keen on these quirks which blur the edges and introduce risk.

Mrs_Thrify

Hiya, you need to go with what both party' s are happy with.
I can see the one night thing working but would be reluctant to go for the week. Best wishes...

paintpot

The legal dangers of doing it are high hence why solicitors will advise against it - strongly. Squatters rights and all that, what if they don't move out as agreed etc, you'd have to go through an eviction process regardless of any contract. However, you can make whatever arrangements you like at your own risk.

A_Nice_Englishman

If you are buying with a mortgage your lender may well object too.

paddy's_mum

How much does it actually cost for the seller/s to get b&b for one night? £35? £50? Stay with friends in the area? It will cost you a lot more than that for just one solicitor's letter if things don't go exactly according to plan. In short, in the interests of fair play, I might offer them an overnight bed at my cost in a motel somewhere nearby but I surely wouldn't let them take up occupation anywhere on what would by then be my property.

vansboy

I don't understand where the problem is.

Unless I've not read things right, there isn't any reason why they should vacate prior to completion, regardless of the exchange taking place.

Staying there after completion, a sure fire way to cause potential problems.

Our very first house sale, we rushed the move to our second house & the girl buying ours, had no car, so was OK with us leaving some stuff in the garage, for a couple of weeks after she moved in.

That was until she suddenly needed the garage & we had to clear our stuff quikly, as it really wasn't convenient any more.

So best not try to do any favours, in this instance!

VB

custardy

would it not be simple legally to give them a tenency agreement for 24 hours or whatever and taking 1p rent?
surely that covers all legal sides enough to allow it?

guppy

custardy wrote: »

would it not be simple legally to give them a tenency agreement for 24 hours or whatever and taking 1p rent?
surely that covers all legal sides enough to allow it?

NOOOOOOO!

You can't grant a residential tenancy for less than six months...legal nightmare! Sure there are other legal ways around this, but frankly I would just tell 'em "solicitor says no" and let them find a £30 B&B. I think their request is bordering on unreasonable in the circumstances.

P.S. The fact that you have posted suggests to me you're not quite comfortable with agreeing anyway...you're selling a house, don't get involved with silly games, sounds harsh but these people aren't your friends or relatives

silvercar

Vacant possession means just that, they vacate the property not become sitting tenants in the granny annexe.

pboae

npsmama wrote: »

It would be after exchange but before completion and we would draw up a contract between us.

I think what npsmama is saying is that she wants to move in after exchange and before completion, and 'rent' the house during this period.

In the meantime the sellers will stay one night during that week in the granny flat.

If that is correct, then the risk is actually with seller, not with the buyer. The seller is perfectly entitled to stay in the granny flat between exchange and completion. The risk for them is that something goes wrong at the last minute and npsmama fails to complete, but is already living in the house.