Seller won't complete

Skipsonrecord

Hi,

Looking for any advice on moving things along with my house purchase. I am a first time buyer and put in an offer for a property with no upward chain. I had in agreement with the seller that move in date for me would be 1st September. We signed contracts mid-August, but my solicitor told me to avoid writing a completion date as things can change. Unfortunately, my solicitor still had some enquiries that weren't cleared up until the 6th of September. However, the seller is now refusing to move out this month, and because I didn't get the 1st September on the contract my solicitor has told me nothing can be done about this.

The seller has since found a property to buy (after telling me she was willing to rent) and they are also part of a chain, so there is no prospective completion date to look forward to. My mortgage offer is in place until January, so hopefully that won't expire before completion takes place.

I was just wondering if anything legal can be done about this? I need to be out of my rental property on 30th September and will ultimately be homeless. My furniture and belongings can be stored, but I will be forced to sleep on friends sofas until I can finally move in to my new place.

I'm also annoyed because my solicitor advised me to close my help to buy ISA down back in August as completion was imminent, and now I feel I am missing out on government cut of at least three payments.

Any help is much appreciated!!
Rachel

Thrugelmir

Doesn't sound as if contracts have been exchanged yet.

Threaten to pull out via the EA unless exchange is effected by the end of the month.

HampshireH

Doesnt sound like you have exchanged yet.

1st was always a no go if your solicitor wasnt ready.

You also won't be homeless as to remove you the landlord would have to go to court (although I always cringe when the advice is to stay put legally you are entitled)

Sounds like you need to have a frank conversation with your solicitor and sort a date so you can exchange.

walwyn1978

Assuming you have nothing official in writing relating to the 1st September, there’s nothing you can do legally although people better informed than me may be able to give better news re; the advice on the ISA. Again, was that in writing or just a conversation which would be much harder to prove if you wanted to complain to the solicitor/the Ombudsman.

Slithery

Skipsonrecord wrote: »

I had in agreement with the seller that move in date for me would be 1st September.

No you didn't.
You may have both agreed to aim for the 1st of September but completion is never set until you actually exchange contracts, and this won't happen until both solicitors and both sets of mortgage lenders are satisfied.

We signed contracts mid-August, but my solicitor told me to avoid writing a completion date as things can change.

Perfectly normal.
The solicitor will need the contract with your signatures on before you can exchange, but as above the completion date won't be known until all parties are ready.

Unfortunately, my solicitor still had some enquiries that weren't cleared up until the 6th of September.

How is that unfortunate? Your solicitor is doing the job that you've paid them for.

However, the seller is now refusing to move out this month, and because I didn't get the 1st September on the contract my solicitor has told me nothing can be done about this.

Correct.

I was just wondering if anything legal can be done about this?

Nope.

I need to be out of my rental property on 30th September and will ultimately be homeless.

Why?
If it's just that you've been issued with an S21 then that doesn't mean that you have to leave.

I'm also annoyed because my solicitor advised me to close my help to buy ISA down back in August as completion was imminent, and now I feel I am missing out on government cut of at least three payments.

Your solicitor has messed up here. They shouldn't be advising you to close your account until they know that everybody is ready to exchange.

Yalpsmol

I disagree with above. Closing our ISAs took 3-4 weeks because the bank mucked up. We only knew we were ready to exchange a few days before we did exchange, and then we completed the same week. Even if we had waited a few weeks between exchange and completion it would be risky to exchange without the ISA funds confirmed (unless you can do without the hundreds or thousands that the bonus is).
And problems closing HTB ISAs is very common (I googled a lot when they mucked mine up!)

Thrugelmir

Slithery wrote: »

Your solicitor has messed up here. They shouldn't be advising you to close your account until they know that everybody is ready to exchange.

Depends on the question asked and whether at that point of time the 1st September was achievable. Solicitors can only work on what they are told. If factors are outside of their control there's nothing they can do.

onwards&upwards

If you’ve given your notice to leave your flat on 30th September then tell your landlord you’d like to retract your notice. Hopefully they will be ok with that, and remember the golden rule is that you never give up your current home until your new one is a definite, that means at exchange of contracts and not before!

If your landlord has given you notice, as above, that doesn’t mean you have to move out. Keep paying rent and keep them updated that you do intend to leave there has just been a delay.

Slithery

onwards&upwards wrote: »

If you’ve given your notice to leave your flat on 30th September then tell your landlord you’d like to retract your notice. Hopefully they will be ok with that, and remember the golden rule is that you never give up your current home until your new one is a definite, that means at exchange of contracts and not before!

If it's not a case of the landlord issuing an S21 and the OP has given notice, the LL doesn't agree to retract, and the OP stays past their notice date then they will be liable for double-rent until they vacate .

Skipsonrecord

I informed my landlord that I had found a property to buy and the leasing agent has found new tenants to move in. However, the leasing agents are concerned about me moving out with nowhere to go and have told me to call back tomorrow to see what they can do as the new tenants haven't paid a deposit yet meaning I could extend my lease at my current property.

diggingdude

I would be looking for a sweetener from the seller to avoid me breaking the chain. They have treated you like crap by the sounds of it