What can go wrong on completion day

DD92

We've been trying to move for 16 horrible months in which time we've had the worst luck where everything that could go wrong has gone wrong. However we are finally completing on a house in a couple of days but it's transpired that we're buying off the most difficult and challenging person  (his solicitors words) who is very rude and unpleasant (his estate agents words). For context I've heard he's black listed from 3 Estate agents he's used previously. His neighbours who we know will be throwing a party when he moves out. 

So whilst I've got my fingers crossed for the best and hopefully it all goes smoothly but I feel its prudent to prepare for the worst. So I was wondering what the risks are for moving day and what my options are. 

This is what I've got so far. 

1. Refuses to move out (highly unlikely) in this situation I know there are legal remedies which can take time. Am I allowed to enter the property e.g. if I got a set of keys off the EA? Or Could I break and enter given that I'm only damaging my own property at this point? Or does he have some bizzare tenancy rights? 

2. If he's slow leaving (possible). Been told by the Solicitors that the cut off is 2pm if he doesn't hand keys over till 4 can I claim 2 hours of my removal mens time? Or can I access e.g. the shed which is unsecured and start unloading stuff into there. 

In both 1 and 2 am I able to access the land and chill out in the garden? 

3. Stuff left behind / mess / damage. Understand I can claim costs where appropriate. Am I able to turn him away if he turns up to collect it and tell him to come back at a more convenient time. Since exchanging I've heard rumours he has knocked his wife about in the pas so I don't want him on the property when my wife and daughter are there. 

Anything else? Hope for the best prepare for the worst

pinkshoes

1. Nope. The house is not yours until completion happens. Do not enter. 

2. If you rack up any costs, keep a tab of them and get receipts. You can claim reasonable costs.

3. If he leaves crap behind you have an obligation to keep it safe and make it available for collection at a time convenient to you. He can't just turn up. Put it in bags and leave it in a garage or next to the front door. Any costs involved with removal of rubbish can be claimed, although to be honest it's not usually worth it. Just clean up and move on with life!

Have you actually exchanged contacts yet?

Brie

Once completion has happened and he has moved out do be very very sure to check the meters and take date/time stamped photos of what they show.  If he's that difficult I wouldn't be surprised about lying about what was on the meters or whether it's up to him to pay and you need your proof of when it's the start of your responsibilty.  Same with council tax.

If you encounter him and can have a polite conversation ask him for his new address so that you can forward post.  Again if he's unpleasant he may possibly have some debts (arguing about bills etc, it happens) and you'll want to send the debt agencies in the right direction.

Fingers crossed it all goes smoothly.

DD92

pinkshoes said:

1. Nope. The house is not yours until completion happens. Do not enter. 

2. If you rack up any costs, keep a tab of them and get receipts. You can claim reasonable costs.

3. If he leaves crap behind you have an obligation to keep it safe and make it available for collection at a time convenient to you. He can't just turn up. Put it in bags and leave it in a garage or next to the front door. Any costs involved with removal of rubbish can be claimed, although to be honest it's not usually worth it. Just clean up and move on with life!

Have you actually exchanged contacts yet?

So does completion not happen until he's out. Even if money has changed hands and he's past the cut off in the contract? 

Yeah we exchanged a couple of weeks ago to complete in a couple of days. 

Flugelhorn

"
"2. If he's slow leaving (possible). Been told by the Solicitors that the cut off is 2pm if he doesn't hand keys over till 4 can I claim 2 hours of my removal mens time? Or can I access e.g. the shed which is unsecured and start unloading stuff into there. "

this can happen in any move - I have had a couple where completion has happened, the have the money in their bank account but they still haven't finished packing. Most removal men are very used to this and will potter off and find a sandwich and a cuppa then return, had one lot actually offer to help the vendor's removal people. No point trying to do anything until the vendor goes even if completion has happened. 

Are you moving far? Can be worth hanging around nearby, being in contact with EA as they will likely be up to date as to how the move is going without having to sit outside 

debsy42

Remember to get the locks changed asap, ideally the day you move in. If he sounds as unpleasant as you say it's quite possible he might let himself back again to collect items left behind.

When we moved our keys were not ready until 4pm as the sellers were still packing so was delayed. Completion happened about 11am however the estate agent rang to ask if we could give the seller more time which was fine by us. We did drive to the estate agents and waited so that we would get the keys as soon as they were ready as time was ticking by.

For us not a problem as we weren't moving in until the day after but be prepared in case something similar happens.

SDLT_Geek

DD92 said:

pinkshoes said:

1. Nope. The house is not yours until completion happens. Do not enter. 

2. If you rack up any costs, keep a tab of them and get receipts. You can claim reasonable costs.

3. If he leaves crap behind you have an obligation to keep it safe and make it available for collection at a time convenient to you. He can't just turn up. Put it in bags and leave it in a garage or next to the front door. Any costs involved with removal of rubbish can be claimed, although to be honest it's not usually worth it. Just clean up and move on with life!

Have you actually exchanged contacts yet?

So does completion not happen until he's out. Even if money has changed hands and he's past the cut off in the contract? 

Yeah we exchanged a couple of weeks ago to complete in a couple of days. 

Completion happens when the solicitors agree it has happened.  Where there are doubts about vacant possession being given, you should set up with your solicitors an arrangement like this:

• They send money to the seller's solicitors to hold "to their order" until completion is agreed.
• You check at the property that the seller has moved out and confirm to the solicitors, so that they can then "release" the completion money and completion occurs.

If you are using mortgage finance, then I expect it will be a condition of mortgage funds being made available that they are only released when there is vacant possession.

I expect in practice there is usually a bit of "give and take" in terms of the time of completion, but as you are on notice that the seller could be difficult, then it is best to stick to a solid procedure.  It relies on you being at the property at the right time to see if he has gone with his furniture and belongings.

Do not expect the seller to give you the keys direct.  The most common arrangement is for the seller to leave the keys with the estate agent, then the seller's solicitor calls the estate agent once completion has happened to confirm that the estate agent can release the keys to the buyer.

Slinky

SDLT_Geek said:

DD92 said:

pinkshoes said:

1. Nope. The house is not yours until completion happens. Do not enter. 

2. If you rack up any costs, keep a tab of them and get receipts. You can claim reasonable costs.

3. If he leaves crap behind you have an obligation to keep it safe and make it available for collection at a time convenient to you. He can't just turn up. Put it in bags and leave it in a garage or next to the front door. Any costs involved with removal of rubbish can be claimed, although to be honest it's not usually worth it. Just clean up and move on with life!

Have you actually exchanged contacts yet?

So does completion not happen until he's out. Even if money has changed hands and he's past the cut off in the contract? 

Yeah we exchanged a couple of weeks ago to complete in a couple of days. 

Completion happens when the solicitors agree it has happened.  Where there are doubts about vacant possession being given, you should set up with your solicitors an arrangement like this:

• They send money to the seller's solicitors to hold "to their order" until completion is agreed.
• You check at the property that the seller has moved out and confirm to the solicitors, so that they can then "release" the completion money and completion occurs.

If you are using mortgage finance, then I expect it will be a condition of mortgage funds being made available that they are only released when there is vacant possession.

I expect in practice there is usually a bit of "give and take" in terms of the time of completion, but as you are on notice that the seller could be difficult, then it is best to stick to a solid procedure.  It relies on you being at the property at the right time to see if he has gone with his furniture and belongings.

Do not expect the seller to give you the keys direct.  The most common arrangement is for the seller to leave the keys with the estate agent, then the seller's solicitor calls the estate agent once completion has happened to confirm that the estate agent can release the keys to the buyer.

The problem with this checking that he's moved out and then getting the solicitors to release the money, is that it's not like sending £20 on the faster payments system. Large amounts of money tend to move slower through the system, and it's not unheard of for money not to arrive at the end of the chain before the end of the day, thereby completion on that day failing.

SDLT_Geek

Slinky said:

SDLT_Geek said:

DD92 said:

pinkshoes said:

1. Nope. The house is not yours until completion happens. Do not enter. 

2. If you rack up any costs, keep a tab of them and get receipts. You can claim reasonable costs.

3. If he leaves crap behind you have an obligation to keep it safe and make it available for collection at a time convenient to you. He can't just turn up. Put it in bags and leave it in a garage or next to the front door. Any costs involved with removal of rubbish can be claimed, although to be honest it's not usually worth it. Just clean up and move on with life!

Have you actually exchanged contacts yet?

So does completion not happen until he's out. Even if money has changed hands and he's past the cut off in the contract? 

Yeah we exchanged a couple of weeks ago to complete in a couple of days. 

Completion happens when the solicitors agree it has happened.  Where there are doubts about vacant possession being given, you should set up with your solicitors an arrangement like this:

• They send money to the seller's solicitors to hold "to their order" until completion is agreed.
• You check at the property that the seller has moved out and confirm to the solicitors, so that they can then "release" the completion money and completion occurs.

If you are using mortgage finance, then I expect it will be a condition of mortgage funds being made available that they are only released when there is vacant possession.

I expect in practice there is usually a bit of "give and take" in terms of the time of completion, but as you are on notice that the seller could be difficult, then it is best to stick to a solid procedure.  It relies on you being at the property at the right time to see if he has gone with his furniture and belongings.

Do not expect the seller to give you the keys direct.  The most common arrangement is for the seller to leave the keys with the estate agent, then the seller's solicitor calls the estate agent once completion has happened to confirm that the estate agent can release the keys to the buyer.

The problem with this checking that he's moved out and then getting the solicitors to release the money, is that it's not like sending £20 on the faster payments system. Large amounts of money tend to move slower through the system, and it's not unheard of for money not to arrive at the end of the chain before the end of the day, thereby completion on that day failing.

That is a good point.  But it is mitigated by the buyer's solicitor sending the money ahead to the seller's solicitor to "hold to order".

That does leave a problem for the seller if the money is needed to be sent on again for an onwards purchase by the seller.  The remedy for that: the seller should move out on time!!

Hoenir

Even the seemingly nicest people make good actors when it comes to property transactions. Everyone has their own agenda. 

Also you'll see the property in a different light when it's totally empty. 

Runner_Duck

The last time I moved everything went fine from the legal perspective, it was when I moved in that the fun started.
They had removed the free standing cooker/hob as arranged but instead of doing that properly they had switched off the mains and just sliced through the gas pipe. That was an emergency call to British Gas
There were some really nice wall lights that it was agreed I would buy and paid for,  They were all gone and they had just sliced through the wiring instead of disconnecting properly, but they did that in such a way that there was no longer enough wire to reconnect new lights.  That was a complete rewire of that room- additional expense..
To remove all the curtains they just removed the rail end stops and slid the curtains off. Unfortunately I couldn't buy replacement end stops or the hooks as that particular type was no longer available so had to replace all the curtain rails.
Plus all sort of junk left that took multiple phone calls to get removed.