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House purchase complete. Vendor still in situ nightmare

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  • GrumpyDil
    GrumpyDil Posts: 2,080 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    You are allowed to claim for costs incurred due to her failure to provide vacant possession. That said is she still there now as if she was in the process of moving is it possible she could be gone this evening?
    As regards claiming your rental and council tax I assume you mean on your rental. If so I don't see that being accepted as you would have been liable for those costs regardless of getting into the house or not. 
  • Barny1979 said:
    I would hope that the house doesn't burn down as god knows what the implications would be 
    Probably not the best time to also share that travellers battered down the barracades and moved in next door and have been setting off fireworks and fires all day. Yes that's right. My life is a nightmare!! 
  • GrumpyDil said:
    You are allowed to claim for costs incurred due to her failure to provide vacant possession. That said is she still there now as if she was in the process of moving is it possible she could be gone this evening?
    As regards claiming your rental and council tax I assume you mean on your rental. If so I don't see that being accepted as you would have been liable for those costs regardless of getting into the house or not. 
    Kind of. Will have to pay double council tax on both properties so claim for one. Turned up today intending to do work needed to move in, that's delayed me so now may have to pay for extra time to stay in rental.... 
  • GrumpyDil
    GrumpyDil Posts: 2,080 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    But you would have had to pay council tax on both properties anyway. And as regards rental if you have given notice make sure landlord agrees to you staying on because if you overstay without agreement you get into issues of potentially having to pay double rent.
    Although if they were in process of moving out presumably you should be in next week so any claim is not going to be for large amounts anyway. 
  • From questions perhaps should clarify she has now moved out, but junk is still there and house filthy. I allowed 3 weeks between exchange and completion as knew there was lots to do. Was told by a her family friend she only started day before!!
    I'm in rental, but due to move out end of month and had allowed this time to do work I needed before moving in. E. G carpets /plastering. Currently can't do any of that due to junk so wondering if I can claim my costs on my rent. Also to remove her junk and to clean the house (our contract stated for house to be left empty and clean). I've given her this weekend as extra to do this... Is this reasonable? If not done by Monday can I book cleaners etc and charge her. If I don't get moving on doing work myself then will be costing me everyday hence wondering about claiming my rent back. Tia 
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    From questions perhaps should clarify she has now moved out
    Yes, that's a fairly substantial "clarification"...
    but junk is still there
    Just junk that she has no intention of moving?
    Then dispose of it, and pass the reasonable expenses to your solicitor to reclaim.
    If it's just a boot-full to be taken to the tip, then claiming for a skip or a house-clearance firm would not be reasonable.
    and house filthy.
    What does the contract state about cleaning standard? Just "clean"? That's not exactly an unambiguous, quantifiable standard.
    I allowed 3 weeks between exchange and completion as knew there was lots to do. Was told by a her family friend she only started day before!!
    Not your problem. Only the situation post-completion is.
    I'm in rental, but due to move out end of month and had allowed this time to do work I needed before moving in. E. G carpets /plastering. Currently can't do any of that due to junk so wondering if I can claim my costs on my rent. Also to remove her junk and to clean the house (our contract stated for house to be left empty and clean). I've given her this weekend as extra to do this... Is this reasonable?
    More than.
    If not done by Monday can I book cleaners etc and charge her. If I don't get moving on doing work myself then will be costing me everyday hence wondering about claiming my rent back.
    Reasonable expenses. As with any legal claim, there is an obligation on you to mitigate your losses.

    Nearly three weeks of your tenancy left? No reason whatsoever to extend it, so no claiming rent.
    You're having builders in plastering, etc? Then you are very restricted in what cleaning costs you can claim, because they will make a mess themselves (and, presumably, redecorating afterwards).
    New carpets? So no claiming for any cleaning of the old ones, unless the carpet fitters charge extra because of the state.
  • Barny1979
    Barny1979 Posts: 7,921 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Has the spare key been returned to you?
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