Help - buyer wants to stay on after completion??????`

Magentasue

When we moved into our present house, we were communicating with the vendors because our children went to the same primary school and we had a mutual friend. We were completing on the Monday and on the Saturday afternoon, they telephoned us to say that they would be using two rooms to store their stuff for a few days (they were moving in with family).

They didn't ask, just told us that's how it was and apologised for any inconvenience. OH had taken call and said he didn't think it was acceptable but was told nothing could be done about it.

As it was a Saturday, we could only speak to EA, but that worked because she sorted it. We did compromise saying they could leave some stuff in the garage and that was a mistake because we ended up having to dump most of it when it wasn't collected.

If I was in your position, I'd do what is suggested here and let solicitor/EA sort it out but don't give any inch. Not worth the hassle.

Generali

Anyone know what the penalty is for refusing to move out once you've completed?

clutton_2

death by a thousand cuts ........ mmm ............

Lomion

Swift kick in the nutz followed by a rapid exit through a window of their choice :rotfl:

guppy

Generali wrote: »

Anyone know what the penalty is for refusing to move out once you've completed?

There's no penalty (penalty clauses aren't recognised in English law - see bank charges )

But you could sue for your losses that result from the breach of contract (they contracted to sell the house with vacant possession) e.g. inconvenience, costs of storage, hotel, travelling, legal advice/costs etc. Suing would be miserable way of starting out in a new house though, prevention is always better than cure

guppy

Magentasue wrote: »

As it was a Saturday, we could only speak to EA, but that worked because she sorted it. We did compromise saying they could leave some stuff in the garage and that was a mistake because we ended up having to dump most of it when it wasn't collected.

First of all I thought how depressing, since you sort of knew them, but lets face it, anyone who was respectable and not a cheeky git wouldn't dream of asking to stay after completion, they'd be too embarrassed.

So that leaves behind the unrealistic dreamers and the p*** takers. And if you give them an inch...:mad:

paddy's_mum

I don't think you need to hide behind the mortgage company at all. I think it a pretty safe bet that somewhere in the small print is some condition that, should you be so foolish as to effectively sanction squatters, to the detriment of that finance provider, jeopardising both the property and the money, there will be some horrible punishment for you!

I would also think that your solicitor has some obligation or duty to them to alert them to a possibly huge problem.

Please don't allow these people to stay on. You put yourself into terrible jeopardy if you do. To be honest, I think they have unbelievable cheek to even think of asking you. Their leaving problems are just that - theirs - and frankly, I am surprised that the EA got involved in such a stupid proposal. They have signed a legally binding contract, for heaven's sake, and I am quite sure that your solicitor will be horrified when you tell him what these sellers are proposing.

No doubt one quick phone call in the morning will get it sorted out. Good luck with your move - don't give the sellers even a fraction of an opportunity to make what could be devastating waves for you.

Generali

guppy wrote: »

There's no penalty (penalty clauses aren't recognised in English law - see bank charges )

But you could sue for your losses that result from the breach of contract (they contracted to sell the house with vacant possession) e.g. inconvenience, costs of storage, hotel, travelling, legal advice/costs etc. Suing would be miserable way of starting out in a new house though, prevention is always better than cure

Interesting, thanks.

Could you write something into the contract. If vacant possession not given then seller pays buyer £xxx,xxx.xx?

[Deleted User]

Their argument is that they can't complete on the one they are buying until we've completed on theirs and then that only gives them whats left of friday to move out and they won't have time.

I have never heard of people waiting until they have completed before they start packing. To me they just don't want to take Friday off work. Don't give in.

wherediditallgo

Van1971 wrote: »

I have never heard of people waiting until they have completed before they start packing. To me they just don't want to take Friday off work. Don't give in.

I agree. Everyone with a grain of common sense & consideration starts sorting out what they'll be taking/dumping/giving away at least a couple of weeks in advance, leaving the bulkier items & the things in daily use for the final week. These people have got time to do it, they just want to take as little time off work as possible & think they can squeeze it all into 24-36 hours. It's highly unlikely to work out that way, so they're expecting the OP to put up with the inconvenience of the delay. Don't even think about it - don't let them stay one hour over their time unless you're already in the place. If they have to put things in storage for a day or two, so be it.

One of my friends was kept waiting outside her new home until gone 7pm, though the agreement had been that the house would be empty by 12 noon. The people were totally disorganised & selfish, must have left it until they'd completed to start packing up anything bigger than a spoon :rolleyes:, & didn't seem to give a monkey's that she was there with two very tired & hungry children & removal men who'd be wanting paying extra for the delay. They didn't even let them in so that she could prepare some food for them & find an empty room for them to rest in. Her husband has never been a walkover, & when he arrived after work at 6pm & found them still there (especially seeing the state of the children), he told them that they were in breach of the agreement & that he would be reporting them to the police as trespassers & seeking compensation unless they were out within the hour. They then wanted to come back the next day for the rest, to which he said whatever they didn't take would be burned or taken to the local tip the next morning. That shifted them.

That was on a Thursday - it would have been even harder to deal with on a weekend. Don't leave yourself open to abuse - no matter how nice they appear to be, it's your home they'll be occupying. One of the most mannerly & presentable people I know has gone through life making a very tidy top-up to his income by being extremely well up on the law & getting every bit of legal redress he can, thanks to repeatedly using the law to his own advantage. Please don't put yourself in a position where these people could abuse your faith that they'll do the right thing.