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Completion date and Covid19 quarantine

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Comments

  • Flugelhorn
    Flugelhorn Posts: 7,626 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    davidmcn said:
    You can find somewhere else to quarantine yourself, you don't need to do it in the property which you're meant to be moving out of.
    We aren't moving out - no chain, we are happy to continue staying here - just asking what the situation is about someone not moving out of a property at completion because of this
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 8 March 2020 at 11:24AM
    davidmcn said:
    You can find somewhere else to quarantine yourself, you don't need to do it in the property which you're meant to be moving out of.
    We aren't moving out - no chain, we are happy to continue staying here - just asking what the situation is about someone not moving out of a property at completion because of this
    I didn't mean specifically you, the same advice obviously applies to your vendor.
    If you want to know what happens if a party doesn't abide by the contract, read the contract. I presume your solicitor did go through it with you before you exchanged? There aren't exceptions for falling ill or being quarantined, it would be a breach of contract in the same way as the vendor not giving you vacant possession on time for any other reason.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    edited 8 March 2020 at 11:27AM
    ACG said:
    You need to just use common sense dont you.

    Technically they would be in breach of contract and you may be able to sue. Realistically though, you are no worse off if things get put back a week or 2 and it is one of those things which is not really avoidable. Just delay it until everything is good to go, no need to make a mountain out of a molehill. 
    Not making mountain of a molehill. We have exchanged, there is a completion date - just asking what happens if the vendor can't physically move out 
    They've failed to give you vacant possession, they can't (won't) complete, they're in breach of the contract and liable for the costs up and down the chain. If there is no chain, and you can easily delay your move, then those costs are minimal.

    But why have you exchanged so far ahead of completion?
  • Flugelhorn
    Flugelhorn Posts: 7,626 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    davidmcn said:

    I didn't mean specifically you, the same advice obviously applies to your vendor.
    If you want to know what happens if a party doesn't abide by the contract, read the contract. I presume your solicitor did go through it with you before you exchanged? There aren't exceptions for falling ill or being quarantined, it would be a breach of contract in the same way as the vendor not giving you vacant possession on time for any other reason.
    Oh yes I totally appreciate that there are no exceptions - HOWEVER - half the bloomin' planet is acting like this is an exception, I work in the health service and we have people beside themselves over not being able to buy hand gel, (fully expected someone to ambush the car, ignore the diamorphine and nick the hand gel). 
    So - will read up a bit more on breach of contract  - thanks 
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    davidmcn said:

    I didn't mean specifically you, the same advice obviously applies to your vendor.
    If you want to know what happens if a party doesn't abide by the contract, read the contract. I presume your solicitor did go through it with you before you exchanged? There aren't exceptions for falling ill or being quarantined, it would be a breach of contract in the same way as the vendor not giving you vacant possession on time for any other reason.
    Oh yes I totally appreciate that there are no exceptions - HOWEVER - half the bloomin' planet is acting like this is an exception, I work in the health service and we have people beside themselves over not being able to buy hand gel, (fully expected someone to ambush the car, ignore the diamorphine and nick the hand gel). 
    So - will read up a bit more on breach of contract  - thanks 
    If there's a chain then your vendors would also be in breach of their purchase contract.
    Given that nobody is literally being quarantined in the UK so far (just following advice to stay at home where appropriate), I expect they'd take the risk of moving house rather than lose thousands by breaking contracts. And even if they actually have the flu, they'll probably be fit enough to stagger out of one house and into the next, even if they need help to do the packing etc.
  • Flugelhorn
    Flugelhorn Posts: 7,626 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    AdrianC said:

    They've failed to give you vacant possession, they can't (won't) complete, they're in breach of the contract and liable for the costs up and down the chain. If there is no chain, and you can easily delay your move, then those costs are minimal.

    But why have you exchanged so far ahead of completion?
    Not ideal I know and not what was intended but work got in the way and vendor was also away. hey ho 
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Nobody is going to be put into mandatory quarantine in their own home any time soon in the U.K. if somebody is going through mandatory quarantine they will be held in a quarantine facility.

    If they are recommended to go through self quarantine then they are still allowed out and about but urged to take extra precautions such as not coming into too close contact with other people, avoid anyone who is immunocompromised, take additional hygiene precautions.

    None of that would stop somebody from being able to complete on a sale.
  • Yes, well it’s not always quite so simple. Although we’ve got full travel insurance, nothing is covered unless the FCO forbids travel. We are going to French border with Italy in two weeks, by which time we will have exchanged.  I would
    cancel if I could but it’s an expensive holiday and doesn’t get covered in this instance by disinclination to travel whatever the reason.  I’ll be calling my solicitor tomorrow as, although we intend to be back well before completion, we may possibly be quarantined whilst there.  If we are not let out of the country, there wouldn’t be a lot we could do, so I would appeal very strongly about being penalised by being held quarantine abroad for two weeks leaving us unable to physically remove
    the property contents. 
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    silvercar said:
    Even if they were not ill, but just quarantined and had another place to safely transfer to, would you want to move into a place that was potentially infected?
    Virus doesn't live that long on surfaces - hours to day or so at most - we wouldn't need to move in immediately, more of a case of what are the rights if someone simply doesn't move out, or hasn't cleared the poperty? 
    Covid 19 is 5 days on hard surfaces apparently. 
  • Flugelhorn
    Flugelhorn Posts: 7,626 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    silvercar said:
    Even if they were not ill, but just quarantined and had another place to safely transfer to, would you want to move into a place that was potentially infected?
    Virus doesn't live that long on surfaces - hours to day or so at most - we wouldn't need to move in immediately, more of a case of what are the rights if someone simply doesn't move out, or hasn't cleared the poperty? 
    Covid 19 is 5 days on hard surfaces apparently. 
    Oh well more likely to pick it up at work
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