Keys not given at time of completion?

loubel

Why was completion delayed and who served notice to complete?

They need to instruct a different solicitor to deal with this as it is no longer conveyancing that they need help with.

Adezoo

user1977 said:

housebuyer143 said:

user1977 said:

housebuyer143 said:

marcia_ said:

Adezoo said:

user1977 said:

Are they sure the transaction has actually completed? Just because they've paid money to their solicitor doesn't mean completion has happened.

They are the homeowners but since completion day they’ve been waiting for keys. There are tenants inside which were supposed to move but still living in the house. They’ve been told they can’t do much apart from getting a new lawyer

 So probably they are now landlords and need to follow legal guidelines to get the tenants out 

The lawyer has screwed up if they were expecting vacant possession, as the tenants should have been gone before they completed.

Have they? It's not part of the lawyer's job to pop round and check the tenants have actually gone.

Yes, they should be confirming with the other side that they will be providing vacant possession on completion. They should have at s minimum asked their client to check it was empty at exchange or confirmed with the other side that it was.

OP said "before exchanging they were told the tenants have moved out already"

The buyers have a mortgage which requires vacant possession, so to satisfy the lender, they should be ensuring this is the case.

The lender's solicitor can't personally "ensure" it, all they can do is get other parties to tell them what the position on the ground is.

At the end of the day, from a buyer perspective you can’t go in the house and check, can you? Until the house is yours, any personal check should be made by the seller. The seller was the landlord that should have made sure the house was vacant and it is left in a good state. 

Adezoo

loubel said:

Why was completion delayed and who served notice to complete?

They need to instruct a different solicitor to deal with this as it is no longer conveyancing that they need help with.

It was because the seller couldn’t confirm the tenants were gone, they were given 10 more days and they said the tenants were gone. As soon as they completed, the keys were not given and they said the tenants were still in. 

koalakoala

You can report a solicitor

housebuyer143

Adezoo said:

loubel said:

Why was completion delayed and who served notice to complete?

They need to instruct a different solicitor to deal with this as it is no longer conveyancing that they need help with.

It was because the seller couldn’t confirm the tenants were gone, they were given 10 more days and they said the tenants were gone. As soon as they completed, the keys were not given and they said the tenants were still in. 

Tbf does sound like it isn't your solicitors fault then.. The other side has lied and they can be sued but doesn't sort this issue..

First and foremost they need to get all the paperwork for the tenancy from the old owner, find out where the deposit is, where the rent is going etc. And then apply for possession through the courts if notice was served.

user1977

koalakoala said:

You can report a solicitor

Er, which solicitor, to whom, and on what grounds?

Alderbank

Who provided the mortgage?
The buyer's solicitor is not just looking after the buyer's interests. He is also retained by the lender to safeguard their interests. The lender expects him to ensure that their money is not handed over for a tenanted property which might well be worth less than the sum advanced.
If I were the solicitor I would be wondering whether the lender will keep me on their panel.

Adezoo

housebuyer143 said:

Adezoo said:

loubel said:

Why was completion delayed and who served notice to complete?

They need to instruct a different solicitor to deal with this as it is no longer conveyancing that they need help with.

It was because the seller couldn’t confirm the tenants were gone, they were given 10 more days and they said the tenants were gone. As soon as they completed, the keys were not given and they said the tenants were still in. 

Tbf does sound like it isn't your solicitors fault then.. The other side has lied and they can be sued but doesn't sort this issue..

First and foremost they need to get all the paperwork for the tenancy from the old owner, find out where the deposit is, where the rent is going etc. And then apply for possession through the courts if notice was served.

I guess that’s the main problem, they’ve been told they need to get another solicitor. The problem is they are currently renting and they’ll need to leave soon as they’re wanting to increase the rent. How would they be able to pay for two places? It’s a messy situation 

Alderbank

The usual procedure is that on completion day the buyer's solicitor gives the money to the seller's solicitor and tells his client that the house is now theirs and he asks them to get back to him if there are any irregularities such being unable to gain access. At this stage the money is still held by the solicitors. A few days later, with no problems reported, the seller's solicitor hands the money to the seller.
Last time I sold I moved out on the Tuesday and my solicitor phoned me the following Friday to tell me to check that the money was now in my bank (I did not have a mortgage).

housebuyer143

Alderbank said:

The usual procedure is that on completion day the buyer's solicitor gives the money to the seller's solicitor and tells his client that the house is now theirs and he asks them to get back to him if there are any irregularities such being unable to gain access. At this stage the money is still held by the solicitors. A few days later, with no problems reported, the seller's solicitor hands the money to the seller.
Last time I sold I moved out on the Tuesday and my solicitor phoned me the following Friday to tell me to check that the money was now in my bank (I did not have a mortgage).

That's not my experience. I sold last year and I had the money in my bank the same day of completion..