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Seller failed to vacate in time for our removals
MrBrindle
Posts: 377 Forumite
We completed on our sale and purchase today. Sale at 10.30am and purchase at 11.30am. We vacated our property at 2pm with our buyers' removals arriving just as we were locking.
So what was meant to be a joyous occasion, purchasing a property we tried to buy 2 years ago, has turned quite upsetting. Our seller failed to vacate the property until 7pm tonight, leaving our removals unable to complete the job. They are now having to return tomorrow to unpack, billing us £250 for the extra trip.
The estate agents and removals advised the seller should foot this bill.
I approached the sellers personally when they handed over the keys to us (house bought through purple bricks), and when I suggested in the most the calm and nicest possible way could they please foot the bill as this was ultimately their wrong doing, I was met with excuses and shoulder shrugging. They didn't get their keys until 1pm etc etc. They were doing their own removals, so no surprise they took until 7pm, making multiple journey's to their chain free property.
Luckily for us, my mother in law lives nearby and we are able to stay with her, but that is besides the point.
What course of action should we now take? Needles to say this has left a rather sour taste in our mouths and right now the thought of evening moving into the new house is a bit off putting. We have two young daughters under 4, one who has a really bad sickness bug atm, and dogs, so we feel very aggrieved by all this.
So what was meant to be a joyous occasion, purchasing a property we tried to buy 2 years ago, has turned quite upsetting. Our seller failed to vacate the property until 7pm tonight, leaving our removals unable to complete the job. They are now having to return tomorrow to unpack, billing us £250 for the extra trip.
The estate agents and removals advised the seller should foot this bill.
I approached the sellers personally when they handed over the keys to us (house bought through purple bricks), and when I suggested in the most the calm and nicest possible way could they please foot the bill as this was ultimately their wrong doing, I was met with excuses and shoulder shrugging. They didn't get their keys until 1pm etc etc. They were doing their own removals, so no surprise they took until 7pm, making multiple journey's to their chain free property.
Luckily for us, my mother in law lives nearby and we are able to stay with her, but that is besides the point.
What course of action should we now take? Needles to say this has left a rather sour taste in our mouths and right now the thought of evening moving into the new house is a bit off putting. We have two young daughters under 4, one who has a really bad sickness bug atm, and dogs, so we feel very aggrieved by all this.
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Comments
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Ask your solicitor to tell their solicitor they (the sellers) are due you £250 or you will be taking legal action.0
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^^^^^ as above.
Was it not possible for them to at least clear one room to put your furniture?Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
^^^^^ as above.
Was it not possible for them to at least clear one room to put your furniture?
They had stuff in every room up until 6pm, they finally got out after family members brought over 4 cars to pack all remaining items. Our removals will not unload into a property with other peoples belongings incase possessions get mixed up.0 -
Their excuses are irrelevant. They were contracted to give vacant possession - they failed to do so.
There is only one route. Your sol -> their sol.
In the unlikely event that doesn't work, https://www.moneyclaim.gov.uk/0 -
It's just a big shame, because we've become quite friendly over the whole buying process. But maybe that was the wrong thing to do. Out the window now after today.0
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All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
It's just a big shame, because we've become quite friendly over the whole buying process. But maybe that was the wrong thing to do. Out the window now after today.
Why is it the wrong thing to be friendly? I'm sure they underestimated the time it takes. We did the first time we moved (the joys of moving oneselves and friends not
helping when they said they would - blind naivity on our parts) and the second time the removal men just didn't turn up! We had to hire a van and come back 100 miles for a cupboard full of stuff that just wouldn't fit. Getting things wrong doesn't make them bad people or not worthy of having friends. I bet today was also a very stressful day for them too.
Send the invoice to your solicitor to send to theirs. Both will be used to it and your sol won't charge for that first letter over. They are responsible for breaching contract.Everything that is supposed to be in heaven is already here on earth.
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Read the contract.
I imagine it states that Completion is tto take place at 12 midday, or perhaps 2 PM.
They were in breach of contract so you can claim your consequential losses.
Your solicitor might send a letter as part of the conveyancy fixed fee so worth asking. If he says he's going to charge you £50 per letter, or £x per hour, then send a Letter before Action yourself, enclosing a ccopy f the removals receipt.
If they don't pay, small claims action.
https://www.moneyclaim.gov.uk/web/mcol/welcome0 -
Read the contract.
I imagine it states that Completion is tto take place at 12 midday, or perhaps 2 PM.
They were in breach of contract so you can claim your consequential losses.
Your solicitor might send a letter as part of the conveyancy fixed fee so worth asking. If he says he's going to charge you £50 per letter, or £x per hour, then send a Letter before Action yourself, enclosing a ccopy f the removals receipt.
If they don't pay, small claims action.
https://www.moneyclaim.gov.uk/web/mcol/welcome
Well the deadline for vacating was 4pm across the whole chain.
Will email solicitor Monday then to ask what his fees will be, and best course of action.0
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