Can't get keys after completion

s4T

Hi, I have completed the sale last Thursday and was hoping to move in over the easter weekend but estate agent did not answer the phone so was unable to collect keys.

Here comes Tuesday still no contact so tried to ring/text still no answer... called a different guy from the agency and he informed me that keys are with the other guy and that he should contact us. Today still no answer so rang the agency to figure out what is going on because I already booked broadband to get installed this Saturday and I'm getting worried that I still won't have keys by then! The chap that I spoke told me to leave it with him and that I should ring them again if I don't hear by tomorrow 1pm. 

Luckily, I still got a place to stay but I really shouldn't be wasting my time chasing the keys etc. Isn't there some kind of law that I should get keys asap after completion? Really not sure what else to do if tomorrow I get no answer from them. 

Also I find this very ironic knowing how much they were rushing me to complete the sale! 

I am a first time buyer so not too sure how things should work so some advice would be appreciated.

SameOldRoundabout

You’ve been more patient than I would be. I’d have got a locksmith in by now and sent the bill to the EA!

easterbunni

I'd be in their office making a nuisance of myself

bex2012

Have you physically been to the estate agent? Id be heading down there first thing in the morning, and not leaving until they spoke to me directly. Secondly , Id be calling a locksmith to gain entry to the property and getting the locks changed asap.

davilown

Send the EA a bill for hotel for the days they didn’t provide you with the keys 

HampshireH

SameOldRoundabout said:

You’ve been more patient than I would be. I’d have got a locksmith in by now and sent the bill to the EA!

This! 

That's awful service from them

s4T

bex2012 said:

Have you physically been to the estate agent? Id be heading down there first thing in the morning, and not leaving until they spoke to me directly. Secondly , Id be calling a locksmith to gain entry to the property and getting the locks changed asap.

They don't have an office - it is online only agency...

So if they fail to provide me with keys this week can I actually claim the expenses incurred (locksmith etc.) And would they pay it? What if they refuse to pay it? 

princeofpounds

Yes, it's called contract law.

Without keys, the vendors have NOT completed on their sale to you, because you have not been given vacant possession (you got the vacant part perhaps, but not the possession!).

The Estate Agent is their agent and so the EA's failure is their failure. 

You should be getting your solicitor to demand the keys from the vendors (via their solicitor) on the first business day after completion has failed. If that doesn't produce a result within a few hours, then you should hire a locksmith and send the bill to the vendors, who can choose to pursue their EA for the costs. Or the EA may agree to pay direct to avoid the fuss.

You can also recover any other extra costs you have incurred. Hotel, removal cancellations etc.

princeofpounds

s4T said:

 What if they refuse to pay it? 

Small Claims Court against the vendor, unless the amount exceeds the limit (unlikely).

s4T

princeofpounds said:

Yes, it's called contract law.

Without keys, the vendors have NOT completed on their sale to you, because you have not been given vacant possession (you got the vacant part perhaps, but not the possession!).

The Estate Agent is their agent and so the EA's failure is their failure. 

You should be getting your solicitor to demand the keys from the vendors (via their solicitor) on the first business day after completion has failed. If that doesn't produce a result within a few hours, then you should hire a locksmith and send the bill to the vendors, who can choose to pursue their EA for the costs. Or the EA may agree to pay direct to avoid the fuss.

You can also recover any other extra costs you have incurred. Hotel, removal cancellations etc.

I see that's very helpful thank you. If I don't hear from them tomorrow I will just ring my solicitors!

SameOldRoundabout

I would be ringing your solicitors as soon as they open tomorrow, not waiting another day to hear from the estate agents. Absolutely unacceptable. I know you say you have somewhere to stay, but imagine if you didn’t! Don’t give them any more time to put this right than absolutely necessary, and definitely claim any costs you’ve incurred on top of a locksmith.