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Stressful Completion - Seller Refused to Move Out!
Comments
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This is pretty much what my husband wants to do should they not be out tomorrow. I'll be talking to the lawyer again in the morning as I think with a slightly calmer mind I will take in more of what she says and what we have to do now if they don't meet the deadline set.Who has the keys is wholly irrelevant. If you've completed it's your house. You can kick the door in.0 -
A notice to complete is a process after the buyer has completed their contractual obligations (the money) but the seller hasn't. If they fail to complete (vacate the property) after the notice is served then they will be liable for compensation i.e. usually the deposit and costs.Ath_Wat said:
That doesn't make sense. How can they have to be served a notice to complete if they have completed?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.
Who has the keys is wholly irrelevant. If you've completed it's your house. You can kick the door in.2 -
Can you really actually “kick” the door in? Squatters need to be evicted through the courts I gather? And to evict it can take months.I am really sorry @LunaCatty, what a spoiler to what is supposed to be an exciting day! Thank God you allowed an overlap between purchase and rental. Good luck xInitial mortgage bal £487.5k, current £258k, target £243,750(halfway!)
Mortgage start date first week of July 2019,
Mortgage term 23yrs(end of June 2042🙇🏽♀️),Target is to pay it off in 10years(by 2030🥳).MFW#10 (2022/23 mfw#34)(2021 mfw#47)(2020 mfw#136)
£12K in 2021 #54 (in 2020 #148)
MFiT-T6#27
To save £100K in 48months start 01/07/2020 Achieved 30/05/2023 👯♀️
Am a single mom of 4.Do not wait to buy a property, Buy a property and wait. 🤓1 -
You can kick the door in in order to enter the house yourself, yes. Why not?Sistergold said:Can you really actually “kick” the door in? Squatters need to be evicted through the courts I gather? And to evict it can take months.I am really sorry @LunaCatty, what a spoiler to what is supposed to be an exciting day! Thank God you allowed an overlap between purchase and rental. Good luck x0 -
That use to be the case for private residences but the law changed a few years ago. You only need a court order to evict squatters from commercial properties nowadays.Sistergold said:Can you really actually “kick” the door in? Squatters need to be evicted through the courts I gather?
Although now the OP has given them permission to stay until 5pm tomorrow they aren't currently squatting.
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So in this case has completion occurred or not? Who owns the house?TheJP said:
A notice to complete is a process after the buyer has completed their contractual obligations (the money) but the seller hasn't. If they fail to complete (vacate the property) after the notice is served then they will be liable for compensation i.e. usually the deposit and costs.Ath_Wat said:
That doesn't make sense. How can they have to be served a notice to complete if they have completed?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.
Who has the keys is wholly irrelevant. If you've completed it's your house. You can kick the door in.0 -
I very much suspect not, no matter how tempting it is and how much my husband wants to! I do think the thought of all the costs they will incur from legal action will have them out by tomorrow though. I'm hoping come 6pm we'll be sat drink in hand changing the lock barrels (as I do not trust them even one night in case they keep keys after this!)Sistergold said:Can you really actually “kick” the door in? Squatters need to be evicted through the courts I gather? And to evict it can take months.I am really sorry @LunaCatty, what a spoiler to what is supposed to be an exciting day! Thank God you allowed an overlap between purchase and rental. Good luck x0 -
Legally the OP owns the house, the sellers have failed to contractually complete by leaving the property vacant.Ath_Wat said:
So in this case has completion occurred or not? Who owns the house?TheJP said:
A notice to complete is a process after the buyer has completed their contractual obligations (the money) but the seller hasn't. If they fail to complete (vacate the property) after the notice is served then they will be liable for compensation i.e. usually the deposit and costs.Ath_Wat said:
That doesn't make sense. How can they have to be served a notice to complete if they have completed?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.
Who has the keys is wholly irrelevant. If you've completed it's your house. You can kick the door in.2 -
In that case surely there is nothing stopping them forcing entry. Which is not of course the same thing as throwing the occupants out.TheJP said:
Legally the OP owns the house, the sellers have failed to contractually complete by leaving the property vacant.Ath_Wat said:
So in this case has completion occurred or not? Who owns the house?TheJP said:
A notice to complete is a process after the buyer has completed their contractual obligations (the money) but the seller hasn't. If they fail to complete (vacate the property) after the notice is served then they will be liable for compensation i.e. usually the deposit and costs.Ath_Wat said:
That doesn't make sense. How can they have to be served a notice to complete if they have completed?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.
Who has the keys is wholly irrelevant. If you've completed it's your house. You can kick the door in.0 -
So sorry LunaCatty, what a horrible pair of old people, pretending to be confused when it's definitely been calculated. Best of luck tomorrow.
£216 saved 24 October 20141
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