Seller wants to complete the sale but stay in the house

jim_walton

Hello everyone, I’m buying a second property for cash and the seller has asked if he can stay in the property after completion until his new build is ready. The sales contract asks if the property will be vacant possession on completion the seller had said no. How do I sort this mess out?  

Many thanks in advance. . 

davidmcn

You tell him you're not completing without vacant possession. And failing that, you walk. Could take you months to kick him out of your house.

Bonniepurple

Tell the seller 2 words, the second being off.  Alternatively, of course the seller can stay in the property until his new build is ready- you just won’t hand over any money until he’s out!

ChewyyBacca

You can start by asking when does he expect the new build to be ready. 3-6 months or more?
Well, then the sensible solution for everyone involved is him/her/they moving in rented accommodation.
Seller staying in after completion is simply out of question.

tacpot12

On the other hand, if you want (or need) a lodger, get him to move all of his stuff out to storage, move out to a hotel or B&B for a night so that he can give you vacant possession of the property on the day of completion, and come back the following day with a suitcase. As a lodger, you can evict him easily, but only if you have taken ownership of the house with vacant possession. The suggestions above are the best.

Always change the locks when taking possession of a new property - you don't know has keys to the old locks. 

lookstraightahead

Cheek!  Don't do this, he becomes a responsibility 

Mickey666

Would it be practical to require the seller to sign up to a 6-month tenancy agreement to begin after completion?  At least that would legalise such an arrangement.  My instinct is to agree with davidmcn's points, though we don't know how committed the OP is to this purchase and any chain implications etc., but I'd guess the seller will push back pretty hard as their only other options would be to rent somewhere else and then have to pay two lots of removals and/or storage costs.

Is the completion date of the new build known?  I'm guessing it's more than a few weeks away.

jim_walton

Thanks for the replies I appreciate them all.  It was naive of me to agree to let him stay after completion. I thought a gentleman’s agreement would be ok but now the solicitor knows about it not being vacant possessions I’m in a fix. I can’t draw up a tenancy agreement until I’m the landlord I suspect. So the seller needs to buck ip his ideas or he’s going to have to find another buyer.  

Thanks in advance. 

AdrianC

Do you want a tenant?
Do you want HIM as your tenant?
Even if you did, then sale-and-rent-back legislation may play a part in your decision.

It's very simple. He sells, he moves out, otherwise you're off.

davidmcn

jim_walton said:

I thought a gentleman’s agreement would be ok but now the solicitor knows about it not being vacant possessions I’m in a fix. I can’t draw up a tenancy agreement until I’m the landlord I suspect.

Ah, you didn't tell us you had previously agreed to the principle.

If it's a cash purchase then it's entirely up to you, though I would expect your solicitor to warn you of the risks. You can have a tenancy agreement starting on completion of your purchase if you want. But unless you actually want the risk of being lumbered with a tenant for gawd knows how long, it seems a bit daft.

jim_walton

Thanks for the reply DavidMcn. I agreed to let him stay for 100 quid a week. I’m thinking the seller should draw up and pay for a tenancy agreement. Am I thinking correctly.