Stressful Completion - Seller Refused to Move Out!

aoleks

Ok, hold your horses everyone, some of the advice here seems out of this world.

OP completed, hence the property is hers. Despite not having a key (no different than losing a set of keys you did have at some point), she’s perfectly entitled to get anlocksmith to change the keys and have stuff delivered anywhere in the house or work done by a plumber.

At that point, having strangers in their house is not enough to call the police? Or are you telling me I can enter any of your owned properties and if I refuse to leave, there’s nothing you can do?

I don’t believe this is right or even accurate!

SuseOrm

aoleks said:

Ok, hold your horses everyone, some of the advice here seems out of this world.

OP completed, hence the property is hers. Despite not having a key (no different than losing a set of keys you did have at some point), she’s perfectly entitled to get anlocksmith to change the keys and have stuff delivered anywhere in the house or work done by a plumber.

At that point, having strangers in their house is not enough to call the police? Or are you telling me I can enter any of your owned properties and if I refuse to leave, there’s nothing you can do?

I don’t believe this is right or even accurate!

It’s a civil matter the police will not get involved at all this would literally require court orders and Bailiff‘s to remove them but it does sound as if they are going to go without any of that be in required but in a weeks time.  

TripleH

@lunacatty, is there a garage you can put your white goods in if they arrive before the 'squatters' leave?

I would ask they surrender any keys to the garage once your goods are in situ. If they gave a moving company carrying their stuff, you don't want your goods picked up as well in error. If no garage then specifying a ground level room your items can be safely stored that they don't use might be worth it?

Section62

aoleks said:

At that point, having strangers in their house is not enough to call the police? Or are you telling me I can enter any of your owned properties and if I refuse to leave, there’s nothing you can do?

I don’t believe this is right or even accurate!

It is a civil matter.  The vendors have failed to follow through on their side of the contract.  There is a 'legal' way of handling that.

There's a difference between you (a stranger) walking into my property and refusing to leave, and the people who (previously) owned the property failing to leave when they contractually agreed to.

Understanding that difference, and why it exists, is important to giving the OP quality advice.

babyblade41

I would get my removals to place in the property this morning .I would lose any good will (I wouldn't have had any but OP sounds much nicer than me ) once they weren't in a hurry.

I would get my white goods plumbed in and locksmith to change the locks.

I'm sure OP will go about it in a more diplomatic way though 

user1977

aoleks said:

At that point, having strangers in their house is not enough to call the police? 

No. Besides, what are you expecting the police to do about it? Help carry their stuff into a removal van?

Emmia

user1977 said:

aoleks said:

At that point, having strangers in their house is not enough to call the police? 

No. Besides, what are you expecting the police to do about it? Help carry their stuff into a removal van?

A removal van that doesnt exist, they've presumably not booked one. 

I'd get the locksmith round, and have them drill the locks out before replacing them, if the sound of the drill doesn't make them think you mean business...

Section62

LunaCatty said:

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.  

Just worth pointing out that although you are in the right here, and in principle the costs would fall on them, it may be that ultimately you need a court to agree to make them pay, and in anything 'legal' there is never a guarantee that a court will side with you.

Take the fact the EA didn't dismiss out of hand the idea you had some kind of private agreement as a sign that a court may do the same... and of course a private agreement has subsequently been made, which does complicate things.

saajan_12

There's two interpretations that'll determine what your options are eg break in or civil etc (and maybe the solicitors can advise which one). Key is completion is two sided, although people only focus on the buyer transferring funds, the seller also has to hand over the property. 

1) Seller has not completed by handing over possession
-> issue notice to complete, seller's solicitor holds onto your funds or returns to yours (doesn't release to seller), civil claim for your damages 

2) Completion has occurred, you are allowing them to stay 
-> you can enter your house, ask the sellers to leave, and then call the police if there is a breach of peace.
Potential mortgage breach to think about too.. 

Ath_Wat

I'll just point out that the OPs right to enter the premises is a distinct thing from getting the previous residents to leave the premises. It is quite possible that the OP has a perfect right to enter and change the locks but no right to order the previous occupants to leave (leaving aside the fact that the OP has agreed for them to stay until today).  Saying they can break down the door to get in themselves does not necessarily imply they can order the sellers out.  Obviously rather than breaking down the door its best to knock on it and walk in when they open it and then call a locksmith.
Having the OP in there however and having no keys to get in and out is going to concentrate their minds wonderfully.