On day of completion should I get the house keys?

TripleH

That is trespass and a civil offence! (Said a little tongue in cheek).
If I agreed a seller could leave stuff in my house (wouldn't agree to this) I definitely wouldn't expect them to have a key. The moment you complete it is your house to do with as you wish. They have no interest in it and now have the same rights of access as (nearly) every other unconnected party evenif it had been their home for 30 years.
I have gathered up spare keys and put them in a kitchen drawer before moving or pushed them through the letterbox. I would expect the estate agent to have a key and also be the one a buyer would collect a key off on completion.

Comms69

Technically it could actually be a burglary and a criminal offence. 

Whilst there is obviously much debate about this legally speaking. The definition is:
http://www.legislation.gov.uk/ukpga/1968/60/section/9
Entering a property as a trespasser (no debate so far) with intention to commit further offences, e.g. theft. Now you can actually be guilty of stealing your own property. 

Theft: http://www.legislation.gov.uk/ukpga/1968/60/crossheading/definition-of-theft
Key point: Property shall be regarded as belonging to any person having possession or control of it

AlexMac

Delay can ocurr. As release of the keys (if they're being held by an estate agent) depends on your solicitor transferring the money to the seller's one, the seller's solicitor checking they've actually got it, them phoning the agent of keyholder and the agent phoning you, you can imagine hours passing (even ignoring any of the players' propensity for meetings or long lunches!).

Last time I bought, I knew the money had left my solicitor's account around 11am, and, as we were only moving a mile, we were packed up, out by noon and our removals van was on the doorstep of the new gaff soon thereafter... Hours passed... I chased... long lunches...?  meetings....?  Either way, I didn't get the call from the agent til late in the day.

They seemed surprised that I said it could wait ... cos, knowing the house was empty, I'd broken in, changed the locks as I always do, and ww were already half unpacked and drinking tea by the time they'd shifted their rraasses. (yes I know that's technically criminal damage, breaking and entry and trespass ... but if you don't tell, we wont'!)

Comms69

AlexMac said:

Delay can ocurr. As release of the keys (if they're being held by an estate agent) depends on your solicitor transferring the money to the seller's one, the seller's solicitor checking they've actually got it, them phoning the agent of keyholder and the agent phoning you, you can imagine hours passing (even ignoring any of the players' propensity for meetings or long lunches!).

Last time I bought, I knew the money had left my solicitor's account around 11am, and, as we were only moving a mile, we were packed up, out by noon and our removals van was on the doorstep of the new gaff soon thereafter... Hours passed... I chased... long lunches...?  meetings....?  Either way, I didn't get the call from the agent til late in the day.

They seemed surprised that I said it could wait ... cos, knowing the house was empty, I'd broken in, changed the locks as I always do, and ww were already half unpacked and drinking tea by the time they'd shifted their rraasses. (yes I know that's technically criminal damage, breaking and entry and trespass ... but if you don't tell, we wont'!)

Actually.... ooh today is all about legal definitions.

Remember that once the money is received by the vendor's solicitor, your purchase is complete and you are the legal owner. 

Criminal Damage - unlikely. - Criminal Damage Act 1971 - A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property, or being reckless as to whether any such property would be destroyed or damaged, shall be guilty of an offence.
It was yours.

Breaking and entry - doesnt really exist in the UK. The closest is burglary (and as above, requires a further offence to the initial break -in )

Trespass - Not possible on land you own. 

TripleH

My point on trespass was that once the sale has completed, the 'seller' would not own an interest in the land, so they couldn't just let themselves into their old property to collect belongings without the new owner's permission. I thought it might be a criminal offence, but my knowledge is lacking in that area enough to provide a strong element of doubt.

Comms69

TripleH said:

My point on trespass was that once the sale has completed, the 'seller' would not own an interest in the land, so they couldn't just let themselves into their old property to collect belongings without the new owner's permission. I thought it might be a criminal offence, but my knowledge is lacking in that area enough to provide a strong element of doubt.

Yes fair enough, I was just expanding on it. It's unlikely to be prosecuted as the public interest test would probably not be met. But it is technically a burglary. And burglary is an indictable offence, so the parents could have even made a any person (citizens) arrest. Which if nothing else would be a great story over christmas dinner

TripleH

That's quite alright. I wondered if I'd explained it badly. 

homeless9

ok cool, is it likely I'll get my keys fairly early in the day?

TripleH

Depends what you agree with the buyer. If they are moving far, then it's likely they'll be wanting to leave asap. If they are moving locally it may be later.
You 'should' get a date and time of completion in your contract, or agreed via your solicitor. The deals I've been involved with have all been to / from empty properties (seller moved out day before).
However don't turn up before your agreed time as the seller may not have gone. If a time is important, get it specified before you complete.

Slithery

homeless9 said:

ok cool, is it likely I'll get my keys fairly early in the day?

We have no way of knowing, it could be 0800 or it could be 1700.