Seller won’t leave property

ciderboy2009

Are you buying with a mortgage? If so then you will have to postpone the exchange/completion date as the mortgage provider will insist on vacant possession.

I suggest you contact your solicitor asap and inform them of what is happening.

Comms69

Naughtydog wrote: »

Hiya

So following my last thread RE me buying my partners sister out of a mortgage. I have another small dilemma which would like some input on.

So to summarise, my partner and his sister have a joint mortgage on a 2 bed flat. I’m buying his sister out, she is using the money for a deposit on her house.

Transfer and remortgage completion is on Friday 4th October. Everything is signed and paid for and ready to go, except there is a small issue.

So the sister was going to exchange and complete for her purchase on the same day as the transfer of equity, 4th October but unfortunately due to some issues with her seller, she is not able to complete on the 4th. From the sounds of things it will be on the 11th now.

Here’s the thing, the property is going to be under my name on the 4th but she doesn’t want me to move in until she has completed and moved out, on top of this she wants me to pay her for October’s bills (as they went out just before the transfer).

I moved out of my rented house back to my folks to save some extra cash for the solicitors which is all paid off now, and I’m being told that I can’t even move into my property until a week maybe 2 weeks after? Has anyone else had an issue like this before?!

Considering the property is in my name at this point surely I have a legal right to live there. I’m even allowing her to keep all her furniture there etc she can carry on living as she is until she completes, and I’ll just stay in my partners room - but she’s making a massive issue here.

What would you do if you were in my situation? Would you just move in Friday and ignore her ? (She is the argumentative type) let’s also not forget her boyfriend has been lodging there for the last year.

I’m just frustrated because we have been doing this for months now and now the end is almost here I’m being told to wait longer even though it’s my (and my partners) property as of the 4th!!! I feel like I’ve sacrificed everything for this and they are all just sitting pretty.

DO NOT COMPLETE, seriously. This is a terrible idea with huge legal ramifications. Tell her that you will only complete after she has moved.


Vacant possession, no furniture, no belongings, no pets, nothing. Otherwise enjoy your new life as a landlord with a sitting tenant, and good luck evicting...

[Deleted User]

My guess is that you are remortgaging and doing a transfer of equity to remove sister and replace with you? And then raising capital to pay her share of the property?

If so then these are generally same day exchange and completion as its just a remortgage. Its also very rare for a remortgage to be delayed as it is a fairly simple transaction. In general the funds can be released with a day or two's notice.

Is the sisters purchase able to exchange without the funds in her hand or are her solicitors requesting them directly from the remortgage solicitors?

If its the latter, just advise the remortgage solicitors of a delay and the solicitors will communicate directly to get the funds to the right place.

So for all intents and purposes nothing changes at the moment, the property is still in your partner and her sisters name, you still dont own it. Any bills would be paid as per current agreements as nothing has transferred yet.
If she asks you to pay her bills in October then that would be unreasonable. She can pay the October bills and you can refund her for the time she didn't spent in the property. That would be a fair compromise


Are you doing your transaction as a purchase or a remortgage?

TBagpuss

Doodles wrote: »

If she isn't ready to exchange/completion on the 4th, then she isn't.

Just move exchange/completion to the 11th instead.

No need for this situation to get messy or complicated.

This.

There are potential major legal issues ifyou complete but she is in the hosue - I think (but check with your solciitor) that it would potentially be a breach of any mortgage offer you have and could effectively create a tenancy.

Given that you have not exhcanged yet, I would say just push exchange and compeltion back to whatever date is appropriate for her new purchase.

In terms of the bills, I would suggest that you wanit until you have actually compelted and you have moved in, then either she can provide final meter readings and get a final bill (including any refund if she has overpaid) or, if the bills are and will remain in your partner's bname, then agree to split them based on the actual date completion takes place.

Why would she expect you to pay for the whoel of October if she is still occuying the proprty for at least 1/3 of the month, and possibly longer. Sort it out once she has movedf out.

Naughtydog

I think I’ve worded my post badly, sorry all,

So I am doing a transfer of equity and remortgage to buy her out of the property, we are taking out a mortgage and borrowing extra on top to pay her equity, however she needs the equity to pay her deposit for her house.

She wants us to complete on the 4th so the funds will be released, so she can pay her deposit when she exchanges on the 4th. Issue is her solicitor cannot exchange and complete on the same day, it will most likely be a case where we transfer the names on the deeds, and she will continue to live at the property until she completes which would be a week or so later.

I am happy to wait this out and just carry on living at my folks until she completes her purchase until she moves out, I just felt a bit frustrated about it. I hope that makes more sense

Naughtydog

Also the sister has moved the bill direct debits to me and my partners joint account before we have exchanged and I thought it was a bit rash considering I haven’t moved there yet.

[Deleted User]

Naughtydog wrote: »

Also the sister has moved the bill direct debits to me and my partners joint account before we have exchanged and I thought it was a bit rash considering I haven’t moved there yet.

How has the sister managed to set up direct debits on the joint account you share with your partner? She won’t have the authority to do that.

What is your partner saying to all this? Does he think it’s reasonable that you should pay for and complete on a purchase of a property you won’t be able to move into until his sister gives the ok? If the sister didn’t want to move out would you and your partner even be considering buying somewhere together?

elsien

Naughtydog wrote: »

Also the sister has moved the bill direct debits to me and my partners joint account before we have exchanged and I thought it was a bit rash considering I haven’t moved there yet.

That's something your partner would have had to agree to and set up, as a non-account holder can't "transfer" a direct debit into someone else's name in another account.
I really do thing you and your partner should be having slightly more open communication between yourselves before everything is signed, sealed and delivered.

getmore4less

You need to get control here your partner and the sister are walking allover you.

The deposit is the sisters problem not yours.

If she wants the money she gets out of the house.

ethank

Seriously if you are committed enough to the bloke to buy half of his property, do you want a war with his sister.

Chill out and focus on the rest of your life. Don't try to win a power battle with his sister. She will make you pay forever.