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

DenBo_4

When I (tried) to move into my house the seller's took all day to move thier stuff out, my buyers were moaning at me as they wanted to clean all the carpets before they moved in (ok I've got two dogs! and a cream carpet!), I had to contact the EA's, solicitors etc who told these people that the house was now mine and they had to get out immediately, they said they would be out completely by 5pm and hand over the keys. When 5pm came I rang them and they said they would'nt be out until 11pm!:mad: I rang some male friends who immediately went round and strangely enough by the time I got there with a van they were handing over the keys. We were still moving in at midnight that night, which didn't please the neighbours......................

Richard_Webster

They are clearly taking the mickey, how do they think 99% of other people manage to move? They pack up their stuff, put it in storage or a van, or stay in a hotel. Whatever inconvenience you saying "no" causes, it is entirely their fault.

I agree. Their solicitor should have explained how things work and they certainly should have asked him.

paddy's_mum

C'mon atrebor - I've got a dinner to eat and grandchildren to get ready for bed.

What happened? What did your solicitor say? My curiosity is killing me!!!!

guppy

Generali wrote: »

Interesting, thanks.

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

I believe you could in theory, but only if the damages specified reflected your reasonable costs caused by the breach (again similar to the new, reduced bank charges). This would be a liquidated damages clause. Basically, the law doesn't recognise clauses that are designed to punish someone for breaching a contract, the injured party is only entitled to claim their actual, reasonable losses.

I'm not a solicitor anyway, so in terms of practice, would have to defer to the learned Mr. Webster on this...

Dylanwing

I have known people agree to similar requestd, and in all cases it has ended nastily. There has to be a certain amount of common sense and compromise, but don't touch this proposal with a barge-pole. You can bet that they will take all day Saturday to move, and probably most of Sunday. The types of people who make these requests are the sort who cannot be trusted.

SquatNow

Tell them to hire a bigger van.

And if its a major issue offer them £100 for a b&b

olibrofiz

Think of it this way. Would you let a stranger stay in your house overnight?

Once you've completed it's YOUR house, if they decided not to move and claimed squatters rights it would be a long and lengthy process to get them out and all the while you'd be paying the mortgage and they'd be living rent free. Plus, as someone said, if they burnt it down? I'm very doubtful that your insurance would pay out.

Potentially you could be £££££ out of pocket, with a so-so plot of land. Cynical I know, but in this day and age you gotta look out for yourself

SquatNow

olibrofiz wrote: »

if they decided not to move and claimed squatters rights it would be a long and lengthy process to get them out and all the while you'd be paying the mortgage and they'd be living rent free.

Just to point out, Social Squatting rules rule out Social Squatters doing something like this. Social Squatting is about making use of derelict/diplapidated/vacant properties, not denying people a home.


Which is worse... 1 homeless person freezing to death in a shop doorway, or one man squatting in a empty house that's been stood empty for years?

Now scale up.

btloptingout

Don't do it!

You have enough on your plate with your own move without wasting your time on this.

Before you know it you will be kipping in your full van on Saturday night still waiting for them to go.

There was good reason your agent didn't get involved.....steer well clear.

atrebor

Thank you all for your replies, Here's where we are at. I've spoken to both the Solicitor (who is brilliant no doubt that will cost...) and the estate agent who both agree that this is absolutely a no no... but here's the problem the buyer is turning nasty. We exchanged 3 weeks ago and as far as I know they are packed and it is just a case of them stacking the boxes in a van and driving off into the distance. We complete on Friday and are at the bottom of the chain so are completeing at 9 am. Due to various reasons (including small children and broken arm) I will not be able to pick the keys up until 4pm from the estate agent and we have said - to them via both the estate agents and solicitors that they must be out by then as I am planning to occupy the property by 5pm. (this is incredibly generous of, we could insist they be out by 9am) They've now turned abit nasty and have told the estate agent that "it won't be convenient" to drop the keys off with them until saturday morning! So here's where we're at. The estate agents are trying to get 1 set of the keys before completion so when they are called by the vendors solicitor to confirm completion they can releace these to me. the vendors can then hang on to any other sets, When I arrive at the property (via B and Q) I will change the locks and any items left in will be deemed to have been sold with the house. This however does rely on them releacing the keys...... The solicitor says that there is nothing he can do til after completion and then he can read the riot act at them if they have not releaced the keys and we will have to see how things turn out at that point. I am so glad I never gave them my number when they asked for it at the beginning. They seemed so nice and lovely and they by all accounts were abusive to the estate agent for 30 mins this morning. Isn't it funny how bad behaviour can completely change your spin on things?? If they dont' buck their ideas up I will move heaven and earth to be on the doorstep at 9am and demand (rightfully) my possetion then. (there its taken exactly 3 days to break my niceness!)

To be continued.........