Solicitors changing date of entry?

xrz12

Looking to see if anyone can help please.

I received an email from my solicitor on 09/04 which included a copy of the 'qualified acceptance' from the sellers solicitor. Part of this confirmed a date of entry as 10/05 which I replied to saying that date was completely fine.

I have now been told today, 10 days from date of entry, that it has been changed to the 7th of June. The email from the sellers solicitor, which was sent to my solicitor says:

'We have spoken to our client who has advised that the property is currently rented out. Unless the tenant agrees to vacate early the property will not be vacant until the beginning of June.

We enclose a formal letter with a date of entry 07/06/2019.

We are unsure where the confusion has arisen with regards to the terms of our acceptance and hope the delay will not inconvenience your client unduly.'

The main issue is the fact that I have already gave my landlord a months notice from the 10th of April to move out on the 10th of May and made arrangements with council tax, Virgin Media etc. I e-mailed my solicitor re the above and waiting to hear back but thought I would stick it on here too.

Any help would be appreciated - thanks.

agrinnall

Presumably you knew the property was rented, so you should have never agreed an entry data until the current owner had vacant possession. I would focus your efforts on getting your LL to accept that you'll be staying put for longer (better to do so by agreement, but if you don't leave it'll take them a minimum of severl months to evict you).

Alter_ego

Are you in England/Wales? Have you exchanged contracts?

davidmcn

You're taking a risk by giving your landlords notice before you've concluded missives - everything is still up for negotiation at this stage. Virgin Media probably need advance notice for installation but there's no need to contact council tax etc until the date of entry.

As the sellers say, if their tenant moves out earlier then they'll be able to bring forward the date of entry.

xrz12

agrinnall wrote: »

Presumably you knew the property was rented, so you should have never agreed an entry data until the current owner had vacant possession. I would focus your efforts on getting your LL to accept that you'll be staying put for longer (better to do so by agreement, but if you don't leave it'll take them a minimum of severl months to evict you).

Thank you.

Alter_ego wrote: »

Are you in England/Wales? Have you exchanged contracts?

Scotland - the last word from my solicitor was on 17/04 to say 'We shall let you know when missives are concluded.'

TBagpuss

I think you need to speak to your solicitors to find out whether the sellers were entitled to change the date.
'qualified acceptance' sounds as though it was probably not final and therfore probably not binding, but your solicitors should be able to tell you.

davidmcn

TBagpuss wrote: »

I think you need to speak to your solicitors to find out whether the sellers were entitled to change the date.
'qualified acceptance' sounds as though it was probably not final and therfore probably not binding, but your solicitors should be able to tell you.

Either side can renegotiate whatever they like at this stage (though the solicitors have rules which deter them from getting involved with gazumping etc) - there's no binding contract until missives are concluded. Some to-ing and fro-ing about the date of entry is pretty normal while both sides sort out the practicalities.

xrz12

TBagpuss wrote: »

I think you need to speak to your solicitors to find out whether the sellers were entitled to change the date.
'qualified acceptance' sounds as though it was probably not final and therfore probably not binding, but your solicitors should be able to tell you.

davidmcn wrote: »

Either side can renegotiate whatever they like at this stage (though the solicitors have rules which deter them from getting involved with gazumping etc) - there's no binding contract until missives are concluded. Some to-ing and fro-ing about the date of entry is pretty normal while both sides sort out the practicalities.

Thanks for the posts - will wait to see what my solicitor says but sounds like I don't have much luck if the tenant does not agree to move out early.

Just frustrating as I am only being told 10 days from me due to move in that the date has been changed - especially the sellers solicitor saying they are 'unsure where the confusion has arisen.'

AdrianC

Given that it would be illegal for the vendor to kick their tenant out in time for you to move in next Friday, I'm not sure what you think they should be doing.

If the tenant fancies shenanigans, it may be a LONG while after June before you can move in.

xrz12

AdrianC wrote: »

Given that it would be illegal for the vendor to kick their tenant out in time for you to move in next Friday, I'm not sure what you think they should be doing.

If the tenant fancies shenanigans, it may be a LONG while after June before you can move in.

I don't have any issues with the tenants, and don't want anybody 'kicked out'.

I assumed when I was given the date of entry that this would have been suitable for the tenants too - I'm no expert but I am sure this would be the case?

For me now to be told 10 days prior to the move in date I now need to try and find somewhere to stay for a month, through no fault of my own, is what I am annoyed with.

AdrianC

xrz12 wrote: »

I don't have any issues with the tenants, and don't want anybody 'kicked out'.

So you're happy to become their landlord...?

I assumed when I was given the date of entry that this would have been suitable for the tenants too - I'm no expert but I am sure this would be the case?

Ah, the naivety of youth! No, clearly the vendor sort of forgot about that bit, and about the minimum amount of notice he had to give the tenants.

No solicitor worth his salt will allow the sale to reach the point where it's binding with tenants still in residence - simply because the date of vacant possession is impossible to guarantee. Even once their notice has a definite expiry date, it's impossible to guarantee until they're actually out. If they decide to stay on, the legal process to regain possession could be months. Even then you have no idea what state the vacated property's going to be in.

For me now to be told 10 days prior to the move in date I now need to try and find somewhere to stay for a month, through no fault of my own.

You're the one who chose to give your landlord notice before the purchase became binding, with a binding completion date... So...

Just be thankful the entire deal hasn't fallen apart.

Yet.