Stressful Completion - Seller Refused to Move Out!

LunaCatty

Well, what should have been an exciting day yesterday turned into a rather stressful one. We exchanged last week on Wednesday and then yesterday we completed on our property at 1.30pm at which point the agents phoned us up to ask whether we had a "private agreement" with the seller for them to remain for another week - obviously we didn't! The seller has refused to hand over the keys to us/the agents.

When talking with them (the seller, when visiting to measure and check ahead of exchange) a few weeks back I'd tried to reassure them as they were panicked that if they struggled with van being loaded at completion time (they are older and worried they hadn't got enough hands on deck) that my husband could help them and if running late on the day we'd just help them out. They then said something about coming back later on completion day after van gone to do something else at the house and I explained no we'd have the keys then as completed so that wouldn't be possible, but again that if they did need a hand whilst moving out to just to ask and not to stress about it. I'd also mentioned when talking that we were not moving in for a week or so (we are renting) and our plans were to decorate etc before moving in so it would be a relaxed move for us. Somehow they changed this in their head to we had said they have a week or so to move out as we don't need to live there yet. At this point I'm not sure if they were genuinely confused or are playing on confusion/manipulating the situation. 

Obviously our solicitor was on to their solicitor pretty fast yesterday and they have had it explained they are in breach of contract, the agents phoned and explained too, and explaining the cost implications against them and the fact they are now trespassing. The response to the agents was "oh well, I should be out by Wednesday - hopefully" so not even a sense of urgency! Now, we have tried to be reasonable (on basis they could have been genuinely confused and stressed as in 70s) and said they have until 5pm Wednesday, the day their van is meant to be booked, to hand the keys to us/the agents. Our solicitor/their solicitor and the agents have informed them that if not handed back then legal action will commence first thing Thursday morning.

My anxiety is through the roof though - all the what ifs until keys in our hands. We have deliveries booked in for Thursday morning which were scheduled after we'd exchanged, managed to change a plumber who was booked in (who now can't come for 3 weeks, so we'll be without a washing machine plumbed in as new pipes needed - which isn't great with a kiddo, but we'll manage) however with the white goods and some furniture it is too late to rearrange when I tried so guess we'll have to go park up next to house and move them in car to rental property if no keys - we rent less than 2 miles away thankfully. Just having to hope they have suddenly realised the seriousness and are actually out tomorrow and we don't have to start legal route. I know we can get costs from them, but could really do without the stress of it all.

Has anyone had a situation like this? It just seems so crazy to me and can't believe they actually think anyone would be okay with them staying on for days/weeks after completing in a house they no longer own (when they also now own another house obviously too).

TXC

give them 48 hours and have the locks changed and bill them for it via solicitor - under no circumstances should you try to re-arrange your deliveries or anything else, its your house! they have your money!

74jax

I'm at a loss. You are much more patient than I am. 

I'd have moved in with them. 

It's your house, worth £xxxk that you are letting a stranger use. I wouldn't move out for my brother to move in, let alone a stranger.

I'd cut utilities, change locks and ask my solicitor to deal ASAP. 

LunaCatty

Yep that's what we have basically done via the solicitor, they have until tomorrow afternoon to be out (so 48 hours from when they should have been) or solicitors will jump in legally and they will find a whole lot of costs racking up. They seem to be very money orientated so I'm just hoping the thought of costs is enough to motivate them out of there.  

Ath_Wat

LunaCatty said:

Now, we have tried to be reasonable (on basis they could have been genuinely confused and stressed as in 70s) and said they have until 5pm Wednesday,

That's not reasonable.  That's lacking in all reason.  Go back on it and tell them you want them out immediately.  As in, now, this minute.  Go round and hammer on your own front door till they open it, walk in, and call the police if they won't leave your house.

pinkteapot

As the deadline is tomorrow afternoon you might as well wait till then at this point as it may all get resolved peacefully at that point… If not then I’d be calling the police, not my solicitor! You’ve got squatters. 

As it’s your house you can call a locksmith and have them change the locks and give you access (a reputable locksmith will want to see proof the house is yours). Doesn’t matter that the keys haven’t been handed over. 

LunaCatty

Ath_Wat said:

LunaCatty said:

Now, we have tried to be reasonable (on basis they could have been genuinely confused and stressed as in 70s) and said they have until 5pm Wednesday,

That's not reasonable.  That's lacking in all reason.  Go back on it and tell them you want them out immediately.  As in, now, this minute.  Go round and hammer on your own front door till they open it, walk in, and call the police if they won't leave your house.

The police will do absolutely nothing sadly - their attitude is it is a civil matter. So they are sat pretty with £165k of our money and our house at the moment. The solicitor explained that to get them out legally we have to serve notice to complete/vacate and it will take weeks most likely - so trying to cajole them out within 48 hours is the best way. Then if not out we will have to force the matter Thursday. My husband was all for the same option you have stated though, and to be honest it really does feel as though that is how we should be able to handle it! I'm very tempted drive past tomorrow and if door open and removal van there should go and just sit in and refuse to leave ourselves, peaceful etc but not budging until they hand us the keys. 

pinkteapot

Hang on… Have you actually completed or not? 

Notice to complete is issued when completion hasn’t occurred. 

You said you’ve completed… If you haven’t it’s a totally different situation. 

LunaCatty

Yes we have completed. They have the funds, they have completed on another property upwards chain and had keys for that since yesterday. They still have to be served with a notice to complete/vacate if they fail to move out after completion from what was explained to me yesterday.

*edit: I'm assuming locksmiths etc all come in after the legal notice is given, will leave that in hands of solicitor though if they don't get out tomorrow.

Ath_Wat

LunaCatty said:

Yes we have completed. They have the funds, they have completed on another property upwards chain and had keys for that since yesterday. They still have to be served with a notice to complete/vacate if they fail to move out after completion from what was explained to me yesterday.

*edit: I'm assuming locksmiths etc all come in after the legal notice is given, will leave that in hands of solicitor though if they don't get out tomorrow.

That doesn't make sense.  How can they have to be served a notice to complete if they have completed?

Who has the keys is wholly irrelevant.  If you've completed it's your house.  You can kick the door in.

LunaCatty

Ath_Wat said:

That doesn't make sense.  How can they have to be served a notice to complete if they have completed?

I'm assuming it is notice to give the vacant possession that they have failed to give on completion and the terminology from the lawyer is the same.