What are my legal rights as a purchaser between exchange and completion regarding vendor access

Cuticuraser

As the title suggests, I exchanged yesterday on a property and expected to complete next week Friday. 

I was in a bit of a rush as my mortgage offer was due to expire on the 14th March and was pushed for exhange by the estate agent.

I am now in a sitation where I thought the vendors had left the property vacant (as agreed) and that the on;y things they will remove was the 2 cars but they still have a sofa and other bits and bobs they need to remove.

I was told by the estate agent that they will do this over this weekend but seem to have got the impression that they'll enter mulitple times to empty the property until completion.

Obviously I am now legally responsible for the property. What are my rights now? I thought they should have left the property vacant on exchange and handed the keys to the estate agent?

I am worried about any damaged caused between now and completion. I said I would like to lay protective flooring when the vendors move their big items out but was told I can't.

DullGreyGuy

You're not responsible for it, you are just committed to buy it, it remains their property until you've paid for it. They should take reasonable care of it until you pay but laying plastic to walk around your own home isnt reasonable. 

Vacant possession is at completion, though if it's tenanted you'd want the tenants out before you exchange. 

Cuticuraser

For reference this is what the Title Report says in the Exchange section:


"The contract provides that vacant possession of the property will be given, any outbuildings and land that

go with it. This means that it should be cleared of people, furniture and belongings at the time of

completion. The only items that should remain at the property are those that you have expressly agreed

with the seller. If the seller fails to clear the property, then you are entitled to refuse to complete and you

may be able to seek interest for late completion and any loss suffered.

If you have any concerns that the seller may not vacate the property on time or at all, we strongly

recommend you visit the property on the day of completion before we send any completion funds to

satisfy yourself that the seller and the contents have been vacated from the property. Please be sure to

check the property is clean and clear – you must check areas such as the loft, garage, garden, shed and any

other outbuildings to ensure that the property is clean and clear of the seller’s belongings. If there are any

items left that you were not expecting to keep please let us know so that we cannotify the seller’s solicitors."

Tiglet2

A property needs to be vacant/emptied by completion, not exchange.  You also will not have access to the property until completion day, so forget protective flooring - what if you damaged the property during the works?  That would be risky for a vendor, as they are still the owner until completion has occurred, so their solicitor would advise them not to agree to let you have access.

saajan_12

Cuticuraser said:

As the title suggests, I exchanged yesterday on a property and expected to complete next week Friday. 

I was in a bit of a rush as my mortgage offer was due to expire on the 14th March and was pushed for exhange by the estate agent.

I am now in a sitation where I thought the vendors had left the property vacant (as agreed) and that the on;y things they will remove was the 2 cars but they still have a sofa and other bits and bobs they need to remove.

I was told by the estate agent that they will do this over this weekend but seem to have got the impression that they'll enter mulitple times to empty the property until completion.

Obviously I am now legally responsible for the property. What are my rights now? I thought they should have left the property vacant on exchange and handed the keys to the estate agent?

I am worried about any damaged caused between now and completion. I said I would like to lay protective flooring when the vendors move their big items out but was told I can't.

Legally the property is the seller's under their own control up until completion. They have full rights to live there, access, at any time, you wouldn't have any right to control what happens or lay down anything etc. 

This is the norm for owner occupiers, and they only vacate and handover keys upon completion.

They shouldn't cause damage beyond normal wear and tear. If they do, you could claim the costs to remediate, but this is rare.  

SiliconChip

I have to assume you're a first time buyer, as anybody who has previously bought a property to live in will be well aware that in most circumstances the seller moves out then the buyer moves in later the same day. The scenario of a buyer sitting outside their new home with their removal van while the seller frantically finishes packing and getting their belongings loaded onto their removal van is one that many people will have come up against. 

Buying a house, particularly the first one, is a stressful time but really you need to chill out and let the selling and buying process run it's course. It'll all be fine in the end.

Tiglet2

Cuticuraser said:

For reference this is what the Title Report says in the Exchange section:


"The contract provides that vacant possession of the property will be given, any outbuildings and land that

go with it. This means that it should be cleared of people, furniture and belongings at the time of

completion. The only items that should remain at the property are those that you have expressly agreed

with the seller. If the seller fails to clear the property, then you are entitled to refuse to complete and you

may be able to seek interest for late completion and any loss suffered.

If you have any concerns that the seller may not vacate the property on time or at all, we strongly

recommend you visit the property on the day of completion before we send any completion funds to

satisfy yourself that the seller and the contents have been vacated from the property. Please be sure to

check the property is clean and clear – you must check areas such as the loft, garage, garden, shed and any

other outbuildings to ensure that the property is clean and clear of the seller’s belongings. If there are any

items left that you were not expecting to keep please let us know so that we cannotify the seller’s solicitors."

Note, the bold highlighted part.

Cuticuraser

SiliconChip said:

I have to assume you're a first time buyer, as anybody who has previously bought a property to live in will be well aware that in most circumstances the seller moves out then the buyer moves in later the same day. The scenario of a buyer sitting outside their new home with their removal van while the seller frantically finishes packing and getting their belongings loaded onto their removal van is one that many people will have come up against. 

Buying a house, particularly the first one, is a stressful time but really you need to chill out and let the selling and buying process run it's course. It'll all be fine in the end.

I should add that the property has not been lived in for the past 2 years. both parties are chain free and the property is a probate (deceased parents and children inhertied it)

Makingabobor2

As others have stated, you can't do anything until you complete and collect the keys from the either the estate agent or direct from the owner, if you happen to already be waiting outside for them to vacate.  You do not own the property until completion, which is on the day that you move.  Last time we moved we didn't complete until nearly lunchtime. As soon as we got the call, we went straight to the estate agent, collected the keys and were in by mid afternoon. 

user1977

Cuticuraser said:

SiliconChip said:

I have to assume you're a first time buyer, as anybody who has previously bought a property to live in will be well aware that in most circumstances the seller moves out then the buyer moves in later the same day. The scenario of a buyer sitting outside their new home with their removal van while the seller frantically finishes packing and getting their belongings loaded onto their removal van is one that many people will have come up against. 

Buying a house, particularly the first one, is a stressful time but really you need to chill out and let the selling and buying process run it's course. It'll all be fine in the end.

I should add that the property has not been lived in for the past 2 years. both parties are chain free and the property is a probate (deceased parents and children inherited it)

Even if unoccupied they don't need to clear it until the completion day. And there's a week to go, so you seem to be worrying unnecessarily.

Flugelhorn

most properties being sold will have people living in them until the morning of exchange