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Stressful Completion - Seller Refused to Move Out!

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  • TheJP
    TheJP Posts: 1,951 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Ath_Wat said:
    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.
    Not now the OP has granted them to stay until 5pm tomorrow.
  • This is very sad, I hope it all works out reminds me of that film where the couple brought a house but the man wouldn't leave  they sound very unorganised sounds like they will leave a lot of stuff behind
  • Ms_Chocaholic
    Ms_Chocaholic Posts: 12,737 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How many people live in the house? I would have sat outside further along the road and waited for them to pop out and then get in and not let them back in, it is your house after all.
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • Ms_Chocaholic
    Ms_Chocaholic Posts: 12,737 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What's the situation with the house insurance I wonder.
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • Woolsery
    Woolsery Posts: 1,535 Forumite
    1,000 Posts Photogenic Name Dropper
    What's the situation with the house insurance I wonder.

    Precarious, I imagine.
  • JuanBallOfWimbledon
    JuanBallOfWimbledon Posts: 123 Forumite
    100 Posts First Anniversary Name Dropper Photogenic
    edited 6 April 2022 at 5:40AM
    Goodness, what a nightmare!

    Best of luck, do update us later. 
  • penners324
    penners324 Posts: 3,511 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Get the keys from the estate agent...
  • penners324
    penners324 Posts: 3,511 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Advise them to move out or you'll bill them the movers time, the plumbers time, your time, the cost of vans, storage, a hotel etc etc
  • silvercar
    silvercar Posts: 49,555 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Be guided by your solicitor. I’m not sure breaking the door down is the way forward.

    it may be that completion hasn’t occurred because they haven’t given vacant possession.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • TripleH
    TripleH Posts: 3,188 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    If they had contacted before exchange I would have been prepared to work something out.
    That they haven't and have no apparent care for others my patience would be less. They are lucky the Op didn't show up with a removal van ready to unpack (you sound very reasonable Op.).
    If I had keys I'd be in my house at 11 pm (en suite if one present) using my facilities.
    May you find your sister soon Helli.
    Sleep well.
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