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Aibu to think that they don't get to stay in the property after completion date?

(75 Posts)
Madmilkmaid Wed 12-Jun-19 23:57:39

OK, so I'm no expert on buying/selling property so I'm confused (and pissed off a little tbh).

So DP has agreed to buy ExW out of their house. This was all agreed 5 months ago with them coming to an agreement about the finances etc. All good.

So he suggested a completion date when it was discussed 5 months ago and she asked for an extra month (so 6 months to get organised and find somewhere else) and DP agreed with no issues.
So we are now 6 weeks before the completion date and she's just told him she's put an offer in on a flat but there is no way it will have all gone through by the arranged completion date. That she still wants the money in her account that day but that she won't be moving out of the house until she has completed on her new flat. This could be 2+ months after the agreed date.
So this means my DP will have to extend his contract on his rental property, will be paying rent and a mortgage all whilst she lives in the house. She's said that she won't be paying any rent (he did mention that the house will legally be his and therefore she will need to pay rent for the time she overstays) and that she will move out when she's ready after she has received the cash and got her new place sorted.

I really needed a rant but also needed u good people of MN to tell me if im BU to be so annoyed. Its set our plans back by God knows how long and financially messed things up for us for those first few months.
How can somebody take the cash then refuse to move out!

Reallyevilmuffin Thu 13-Jun-19 00:00:11

No no no! Don't do this! This is why they get people to sign legal documents saying they will move. Don't let her essentially squat. Also technically you cannot charge rent as you will be in breech of a lot of rules and regs. No money until she is out.

Hotterthanahotthing Thu 13-Jun-19 00:04:41

And when the flat she is looking at falls through us not right etc after she has the money.She says she cannot move.Then what do you do?

Pipandmum Thu 13-Jun-19 00:06:12

I’ve completed on s house and then rented it back to the sellers. But it was a proper legal agreement. He should not complete until she has s completion deadline. However the completion date gets set before exchange if contracts. If he’s exchanged then they have to agree between them if the date needs to be extended. Your partner will be in breach of the contract if they don’t both agree to extend and he doesn’t complete. However he is also then entitled to vacant possession. He should consult his solicitor over what happens if they complete and she refuses to move out.

Horsemenoftheaclopalypse Thu 13-Jun-19 00:07:37

Nope she needs to get into rented and suck it up
Legally what she is proposing is problematic
He should not complete until she is prepared to move out

Pipandmum Thu 13-Jun-19 00:08:05

It may be different to my post if he’s buying her out if her share (do they still exchange contracts?) - again consult a solicitor.

LittleOwl153 Thu 13-Jun-19 00:12:43

Nah - if she wont move out then she does get the money. Sale cannot go through without vacant possession. Make sure his conveyency is on to her.

LittleOwl153 Thu 13-Jun-19 00:13:17

she wont move out she DOESNT get the money I meant...

Madmilkmaid Thu 13-Jun-19 00:16:00

Thanks guys.

We assumed she would have had a renal in the process by now. Complete, get money then look to buy. She obs hasn't!

He's such a softy (one of the many reasons I love him) that he isn't looking at the bigger picture and the issues raised in ur replies. Just keeps saying that he's told her she needs to be out on completion day and that's all he can do eventhough she's made it clear she isn't doing this.
I will def get him to get some legal advice on what we do come the day if she hasn't moved out.
Meant to be an exciting new start for us as got lots planned but I can see it being a nightmare!

WorkingItOutAsIGo Thu 13-Jun-19 00:16:59

No solicitor or mortgage company would agree to this. You need to explain this to him. He cannot agree as they will not let him.

TurboTeddy Thu 13-Jun-19 00:17:05

No, the completion for the house and flat should happen on the same day which is the day the funds are transferred and the move happens. If he agrees to her proposal he will essentially have a squatter in his house.

Madmilkmaid Thu 13-Jun-19 00:17:13

Rental not renal lol

Madmilkmaid Thu 13-Jun-19 00:21:09

Turbo the problem is that the plan was always for her to move to rented so that's why they decided to agree a completion date. It's only now with 6 weeks to go that's she decided she didn't want to do that and put an offer in on a flat. It's all legally agreed (the dates and finances as part of the financial agreement). Everything is a go this end.

Aus84 Thu 13-Jun-19 00:24:57

Either extend the date to line up with her settlement day on the flat or she pays rent. Give her no other option. What if the flat purchase falls through?

Aus84 Thu 13-Jun-19 00:26:13

Or she moves out and rents somewhere short term.

cstaff Thu 13-Jun-19 00:27:26

If she wants to delay the completion that's ok but do NOT hand over any cash until she is definitely out. Check and double check she is gone before any funds are released and then the first thing you do is change the locks. I wouldn't trust her after trying that stunt.

myhamster Thu 13-Jun-19 00:29:03

His lawyer needs to sort this one out but transfer of funds should be dependent on her moving out and handing the keys over.

HeddaGarbled Thu 13-Jun-19 00:31:21

A normal house buying process is between strangers and yes, you are quite right, the vendor doesn’t get to stay after completion date.

But this isn’t a normal purchase is it? How come he gets the marital home and gets to move his next woman in, while she only gets to rent in future?

Can you genuinely not understand how awful this must be for her?

Don’t be mean. You’re getting her husband and her house. You can wait a couple of months.

Madmilkmaid Thu 13-Jun-19 00:38:51

OK that's not quite how it is.
He wanted to sell, she wanted him to buy her out as she wanted to move on and house had been on the market over 2 years with not much interest. After much discussion he actually pulled out of a house offer he had made on house he loved to enable them both to move forward. They have been split a good few years and before I came on the scene.
The rent was short term whilst she looked for a property to buy. The cash she will be receiving will allow her to buy a property outright.

ReanimatedSGB Thu 13-Jun-19 00:42:14

Talk to a solicitor, get him to tell her that the solicitor has advised [whatever the solicitor advises]. Be calm but firm with her. This is a legal transaction, not a personal matter. Good luck.

TurboTeddy Thu 13-Jun-19 00:42:31

Completion dates can be moved. I don't think I've ever had more than 3 weeks notice of a completion date.

TurboTeddy Thu 13-Jun-19 00:44:58

Read your info about the settlement. If your partner is all set then she is in breech of the agreement and I would suggest getting the solicitors involved to resolve matters.

BoomBoomsCousin Thu 13-Jun-19 00:46:59

It isn’t about being mean HeddaGarbled. The ExW doesn’t only get to rent int he future - she’s put an offer in on a property. The OP’s partner has been renting until now. There’s no particular reason he should have to and she shouldn’t unless there are children living with her and not him.

The point about not agreeing to let her “just stay” for a few months is about ensuring you have enforceable rights. If she can’t move out on the date she has known about for 6 months she could have suggested a delay to the completion date, or agreed to pay a fair rent and do it so both parties are legally covered and things like the mortgage and insurance are valid.

People so rarely deal with contracts the size and complexity of a house purchase it’s easy to overlook the fact that if something goes wrong you could be royally screwed. It’s important to make sure you’re covered.

Madmilkmaid Thu 13-Jun-19 00:48:00

Thanks for all the advice.
Think we do just need to let the solicitors sort this one out.

BoomBoomsCousin Thu 13-Jun-19 00:49:01

OP not sure about your characterisation of your DP as a “softy”. If his ex has told him she isn’t going to have anywhere to stay in 6 weeks and he’s not budging on the moving date (as you said above), that’s not really being a softy. It sounds lazy, not soft.

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