Keys handed over before completion

humey86

Thanks everyone for your help

lincroft1710

Whoever has moved into the bungalow, will be responsible for the Council Tax from the day they moved in. De facto trumps de iure

AdrianC

humey86 said:

It turns out the estate agent passed the keys on to the new owner and he has moved in to the property already!

Why did the agent hand them over? Did they buyer say it was for a viewing/measuring/bring-a-builder visit?
It wouldn't necessarily be negligent to hand the keys over at a late stage of the conveyancing under the understanding that was what they were required for.

The agent may well have been as duped as the vendor.

humey86

So i have spoken to her. They went down to the property and let themselves in which was a shock to the person living there! Turns out the estate agent had given them the keys to move his possessions into the garage (still without owners consent). After a heated comversation i believe they are draughting up an agreement with the person regarding rent to stay there. She has today changed all the utilities out of her name. Ive recommended a formal complaint to the estate agents at the least

hazyjo

Truly shocked. Really expected this to be a case of Chinese whispers or or the agents wouldn't have been aware!

princeofpounds

humey86 said:

So i have spoken to her. They went down to the property and let themselves in which was a shock to the person living there! Turns out the estate agent had given them the keys to move his possessions into the garage (still without owners consent). After a heated comversation i believe they are draughting up an agreement with the person regarding rent to stay there. She has today changed all the utilities out of her name. Ive recommended a formal complaint to the estate agents at the least

Starting a rental agreement may not be the best thing to do! That means they gain a tenancy, with all the rights that come with it.

AdrianC

princeofpounds said:

humey86 said:

After a heated comversation i believe they are draughting up an agreement with the person regarding rent to stay there.

Starting a rental agreement may not be the best thing to do! That means they gain a tenancy, with all the rights that come with it.

Indeed. This sounds like a route to chaos should the purchase fall through.

They are not there with the owner's permission, and never have been. Yet. So treat them as squatters.
https://www.gov.uk/squatting-law

Courts are still granting IPOs against squatters.
https://england.shelter.org.uk/legal/housing_options/covid-19_emergency_measures/rent_arrears_and_eviction#1

greatcrested

humey86 said:

...... After a heated comversation i believe they are draughting up an agreement with the person regarding rent to stay there. .....

This is a VERY BAD IDEA.

And I guarantee her solicitor has either not been asked, or has advised against it and been ignored.

Just for starters:

* she is now a landlord. Must comply with 101 landlord/tenant laws and regulations, plus pay tax on the rent

* if the sale falls through or the buyer backs out, the owner/seller/landlord cannot even start eviction for 6 months, and the whole process could take months more than that. So selling will be totally off the agenda!

Post 7: New landlords (1):advice & information :see links in next post

Post 8: New landlords (2): Essential links for further information

Grumpy_chap

What the OP does not seem to have said is whether this was before or after Exchange of Contract.  If it is just a few days before Completion should have been, then some form of 'regularisation' of the situation may be the most pragmatic approach.

davidmcn

Moving stuff into the garage certainly suggests completion was thought to be imminent (even if exchange hadn't happened).