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Stressful Completion - Seller Refused to Move Out!

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  • LunaCatty
    LunaCatty Posts: 54 Forumite
    Second Anniversary 10 Posts Name Dropper
    edited 5 April 2022 at 9:19PM
    Who has the keys is wholly irrelevant.  If you've completed it's your house.  You can kick the door in.
    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. 
  • TheJP
    TheJP Posts: 1,951 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Ath_Wat said:
    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.
    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.
  • Sistergold
    Sistergold Posts: 2,135 Forumite
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    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 x
    Initial mortgage bal £487.5k, current £258k, target £243,750(halfway!)
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  • Ath_Wat
    Ath_Wat Posts: 1,504 Forumite
    1,000 Posts Name Dropper
    edited 5 April 2022 at 9:25PM
    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 x
    You can kick the door in in order to enter the house yourself, yes.  Why not?
  • Ath_Wat
    Ath_Wat Posts: 1,504 Forumite
    1,000 Posts Name Dropper
    TheJP said:
    Ath_Wat said:
    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.
    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.
    So in this case has completion occurred or not?  Who owns the house?
  • LunaCatty
    LunaCatty Posts: 54 Forumite
    Second Anniversary 10 Posts Name Dropper
    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 x
    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!)
  • TheJP
    TheJP Posts: 1,951 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Ath_Wat said:
    TheJP said:
    Ath_Wat said:
    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.
    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.
    So in this case has completion occurred or not?  Who owns the house?
    Legally the OP owns the house, the sellers have failed to contractually complete by leaving the property vacant. 
  • Ath_Wat
    Ath_Wat Posts: 1,504 Forumite
    1,000 Posts Name Dropper
    TheJP said:
    Ath_Wat said:
    TheJP said:
    Ath_Wat said:
    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.
    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.
    So in this case has completion occurred or not?  Who owns the house?
    Legally the OP owns the house, the sellers have failed to contractually complete by leaving the property vacant. 
    In that case surely there is nothing stopping them forcing entry.  Which is not of course the same thing as throwing the occupants out.
  • youth_leader
    youth_leader Posts: 2,914 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    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 2014
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