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  • FIRST POST
    • faerielight
    • By faerielight 15th May 18, 9:34 PM
    • 1,757Posts
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    faerielight
    Need advice
    • #1
    • 15th May 18, 9:34 PM
    Need advice 15th May 18 at 9:34 PM
    I'm 2 weeks away from when I'm supposted to be moving, the sellers checks were taking a long time on their purchace so the EA told me a month ago when I got served with my rental eviction that they would pay privately, and she confirmed that they would be back last fri, when I hoped to pay the deposit and set a date, but the EA said that they didn't pay and the checks are still not back. Now I don't trust the EA, she keeps fobbing me off , and now I'm a month away from eviction, and I find out that the owners did not get permission from the upstairs neighbour, co freeholder when they did a garage conversion, and as the lease is short, in order for them to renew it for me, they need that. Apparently my conveyancer has been chasing this for months and is getting nowhere whith the sellerws solicitors. I missed an email where she mentioned it. I knew she has some points to raise but thought they were minor.

    Every week that goes by is nearer to the eviction and they just keep telling me to hang on. I don't know what to do, I've got very ill now and am way overdue for my bowel surgery, as it becomes really dangerous,but I put it off sue to this purchase. so time is not on my side, health wise or housing wise.

    Today I broke down, and the EA gave me vague lip service as to the freeholder 'may' be dropping off the document possibly at end of the week but I have no assurance, and because the EA lied that the private checks had been done, I don't trust them, or the sellers now.
    Should I pull out, or give them a deadline, if so, how many days? and desperately try and get a rented flat in the time frame now, I'm vulnerable with disability and MH problems and only my part time PA for help., and I am at the end of my tether. I'm so scared and so ill, I just can't think straight. I was trying to find a home to buy before I got as ill as I am now, navigating the FTB system, but it's all falling appart, and I need a bolthole so that I can have the surgery without being homeless.
    Many thanks to all who contribute on MSE
Page 1
    • Tiglet2
    • By Tiglet2 15th May 18, 9:50 PM
    • 265 Posts
    • 252 Thanks
    Tiglet2
    • #2
    • 15th May 18, 9:50 PM
    • #2
    • 15th May 18, 9:50 PM
    Sorry to hear how stressful this is for you.

    However, this is a leasehold property and as such, there is more work to do with the conveyancing solicitor. For a start, you know there is a short lease, so the seller will probably have to set in motion a lease extension, otherwise (if you are taking out a mortgage) your lender may refuse to lend you the money for the purchase. There is also another issue with consent to convert the garage. While it is frustrating for you, issuing deadlines is really an empty threat. The seller,s solicitors have their hands tied until the issues are resolved, your solicitor will not agree to exchange because they are acting on your behalf and they are protecting you from exchanging until all the issues are resolved.

    Oh and please be aware that the EA will not have any knowledge of the transaction now it is in the hands of the legal teams. They can liaise up and down the chain, but since they don't see any legal documents, they cannot give you accurate information. The seller is their client, not you.
    • deannatrois
    • By deannatrois 15th May 18, 10:00 PM
    • 5,704 Posts
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    deannatrois
    • #3
    • 15th May 18, 10:00 PM
    • #3
    • 15th May 18, 10:00 PM
    With the things going on that you have, it might be best to pull out of the purchase, find another rental property, get the operation over/recover and then look for another property.

    If you leave the situation as it is, there is no avoiding the fact that you are walking into a messy situation (short lease, not knowing if/when you will move).

    Put the Operation/your health before anything else. It will take you time to recover. Keep other stress to a minimum. Its unfortunate you have to move but if the buying process isn't going well, you have to consider another rental and a breathing space.

    How far are you in the eviction process? If they have only served a S21, you still have three months before an eviction, possibly longer. Only a court possession order and bailiffs warrant can evict you legally.
    • faerielight
    • By faerielight 15th May 18, 10:01 PM
    • 1,757 Posts
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    faerielight
    • #4
    • 15th May 18, 10:01 PM
    • #4
    • 15th May 18, 10:01 PM
    thanks for the replies. It's a share of the freehold with one person upstairs, but they are renewing it . I'll be a cash buyer, so no mortgage.
    Deantrois.. thanks, it's making me so ill all the stress. They served a S21 and it runs out on 18th june. the landlord won't budge with an extention. it's all so much stress.
    Also .I don't want to be in a situation where I'm in hospital and being evicted.. It happened 5 years ago, and was doubly terrifying, knowing I couldn't do anything about it from my hospital bed. It made my MH so bad and recovery from the surgery and illness so much longer.
    Last edited by faerielight; 15-05-2018 at 10:26 PM.
    Many thanks to all who contribute on MSE
    • deannatrois
    • By deannatrois 15th May 18, 11:56 PM
    • 5,704 Posts
    • 7,993 Thanks
    deannatrois
    • #5
    • 15th May 18, 11:56 PM
    • #5
    • 15th May 18, 11:56 PM
    OK I totally understand the stress.., but you realise you don't have to be out on 18th June. You have 2-3 months after that.

    You can avoid the moving from a hospital bed by giving yourself a breathing space and going into another rental. But you probably need to start looking.

    Do you know what the buyers problem is that is causing delays? Is it sortable? Can your solicitor or you approach them and ask for reasurance/proof that it is sortable?
    • Lioness Twinkletoes
    • By Lioness Twinkletoes 16th May 18, 6:59 AM
    • 1,382 Posts
    • 4,866 Thanks
    Lioness Twinkletoes
    • #6
    • 16th May 18, 6:59 AM
    • #6
    • 16th May 18, 6:59 AM
    If I were in your shoes, I'd pull out of the purchase immedately. Find another rental. Have the surgery. Recover. Start looking again once you are stronger. As deannatrois says, you don't actually have to be out of your current rental, but of course statying will cause more stress so getting another rental lined up is essential. Good luck.
    • faerielight
    • By faerielight 16th May 18, 10:10 AM
    • 1,757 Posts
    • 3,183 Thanks
    faerielight
    • #7
    • 16th May 18, 10:10 AM
    • #7
    • 16th May 18, 10:10 AM
    thanks guys. the hold up seems to be the sellers searches on the house they are buying due to a backlog in the area they are moving to, plus waiting for the co freeholder to sign permission that the plans have changed due to their garage conversion, then extending the lease
    Many thanks to all who contribute on MSE
    • faerielight
    • By faerielight 16th May 18, 8:46 PM
    • 1,757 Posts
    • 3,183 Thanks
    faerielight
    • #8
    • 16th May 18, 8:46 PM
    • #8
    • 16th May 18, 8:46 PM
    I'm feeling a bit calmer today, the stress really got to me this week. The sellers searches have come back, which is good, the freeholder is hopefully going to drop off the authorisation by the end of the week and we can then set a date, I really hope so, anyway.
    Many thanks to all who contribute on MSE
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