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Vendors never intended to move

(22 Posts)
Lostandnotfound Fri 21-Oct-16 19:56:14

Help! I completed on our new home today but the vendors have not moved out and refuse to hand over any keys and don't look like they are intending to move for several days. I called my solicitor and they contacted the other solicitors and wrote a letter but now its the weekend and nothing happens. What can I do???? Are they going to argue an informal tenancy agreement because I haven't been round to boot them out? I'm a single mum with no 'heavies' to go round and back me up over the weekend to demand the keys or that they move NOW

RNBrie Fri 21-Oct-16 20:02:09

This is insane. What did you solicitor advise? Is it trespass?

Have you got anywhere to stay??

LIZS Fri 21-Oct-16 20:03:14

Tbh I'd expect the solicitors and estate agents to sort this out ASAP. If they have taken your money and not vacated then they are in breech of contract . Were they purchasing another property , if so their solicitor should know what is happening. Keep a log of all costs you are incurring do that you can reclaim them. I assume you weren't planning to move straight in , were they aware of this? Personally I'd be visiting the ea first thing tomorrow demanding your keys and refuse to budge until you have answers.

Lostandnotfound Fri 21-Oct-16 20:09:31

Solicitor suggested I go round with a copy of the letter and demand the keys! (Tonight - in the dark!!!) I'm bricking it at the thought. The guy selling the place is very intimidating. Thankfully I have a very kind friend nearby so kids and I are ok for somewhere to stay. Can I do anything as its the weekend or am I basically stuffed until monday?

LIZS Fri 21-Oct-16 20:11:10

Estate agent will be open tomorrow. I'd make it their problem, loudly and in front of other customers.

LivinOnAChair Fri 21-Oct-16 20:14:45

Tell them they are now trespassing OP from the moment you completed that house was your property, I would be demanding the keys or as PP say any costs you incur as a result are now theirs. Good luck!

LynetteScavo Fri 21-Oct-16 20:19:59

Did you turn up with a removal van?

The removal company I used far too many times would have got heavy. So the agents didn't have keys?

I think I would have called the police.

We did have reluctant vendors once. DH had told them we wouldn't be sleeping at the house on moving day...didn't mean we didn't have a van of stuff to unload! They eventually finished packing several hours after completing.

Tomorrow is Saturday, I'd be speaking to the estate agent first thing.

DelphiniumBlue Fri 21-Oct-16 20:20:56

Gosh, how awful! Presumably the estate agents are aware? If not,contact them first thing in the morning - they are usually open on Saturday mornings.
There are a whole load of ramifications to this. Firstly, you say you have completed, but vacant possession is required on completion,and so if they haven't moved out, the vendor's solicitors should not release the money to the vendors. In fact if completion hasn't taken place, the money should be returned to your solicitors, who should return any mortgage funds to the lender,or at least notify them and check their requirements. If the solicitors have completed without vacant possession being available, there is a massive problem, and they could be seen as negligent. They will know this and will should be pulling out all the stops to get this sorted.
They should have served a completion notice this afternoon - this gives the vendor 10 working days to complete ( I think). The theory behind this is that although the contract specifies a date for completion, time is not " of the essence" unless there is a special term - hence the need for a completion notice.
The agents presumably won't get paid until the sale funds are released, and they shouldn't be released until the vendor moves. It is therefore in the agents interest to assist with getting them out.
I can't see that anyone could argue that there is an informal tenancy, especially since your solicitors have written protesting. The occupiers are, loosely speaking, squatters, if completion has has taken place ( by which I mean if they have your money).
You need to find out where the money is.

DelphiniumBlue Fri 21-Oct-16 20:26:59

And email the senior partner at your solicitors, asking them to confirm what has happened to the money. It's very likely they will check emails even if they're not open.

Lostandnotfound Fri 21-Oct-16 20:38:20

I didn't intend to move in today but planned a weekend painting party with the kids ready to move in next week. I think they guessed I wouldn't move in that day. The move will be largely done by myself & a mate with their van so I'll find it very hard to prove costs. I assume they have the money although the solicitors letter said something about the other solicitors confirming back that they would hold money - don't know if it was confirmed. When my mum popped in to pick up the keys the ea just said he didn't have them. The guy had rung the vendor a few minutes before as he didn't have the keys and solicitors had messaged to say all completed and he just said oh they aren't expecting us to move today - don't worry it all been agreed! First anyone knew about it. Can't see him bothering to do anything :-( I just feel so helpless when I really thought I'd finally have a home of my own after years of saving

LynetteScavo Sat 22-Oct-16 11:33:17

What did the EA say? Have they moved out yet? We need an update.

NewIdeasToday Sat 22-Oct-16 11:40:28

This is madness. It's not up to the vendors to assume you wouldn't move in yesterd. What you do has nothing to do with them.

The point is that they've sold the house and are now there illegally.

Hopefully this has been sorted out this morning. If not, then as others have said you need to get down to the estat agents immediately. Take a friend or two. And complain very noisily (they won't want other potential buyers to be put off). Email your solicitors as well. Keep pushing. The property is now yours and you need acces this afternoon.

Good luck. And don't let your circumstances let them take advantage.

Finola1step Sat 22-Oct-16 11:43:52

Are they now legally trespassing on your property? If so, can you call 101 for advice?

Ilovehedgehogs Sat 22-Oct-16 11:46:51

I think that the police will say it's a civil matter but you could try. I cannot believe that people behave like this.
We have recently bought again after years of renting and I was haunting the buying/selling threads on here, I am certain that this happened to someone else recently.
I will try and find it, so sorry for you.

acatcalledjohn Sat 22-Oct-16 13:00:23

There was a thread on here probably about a year ago with various examples. It was shocking.

Really sorry to hear you are having to deal with this. You can charge them rent, but you will have to notify your insurance company as your current insurance won't cover you for any damage done by tenants.

acatcalledjohn Sat 22-Oct-16 14:14:06

Here's the thread I meant.

Lostandnotfound Sat 22-Oct-16 23:45:58

Finally I got the keys at 8pm tonight. The estate agent got their finger out. as I got to their offices they were reading a letter from the solicitors & decided to get snappy. My solicitor can't be contacted over the weekend so I don't know the legal outcome but the contract states huge penalties so I'm hoping I can get it and use it to buy hair dye to cover the grey that has developed in the last 24 hrs! Locks are all changed and I'm sooooo relieved!! Thanks for all the advice everyone, time to celebrate my new home at last smilewinechocolate

NewIdeasToday Sun 23-Oct-16 14:03:49

Glad to hear you've sorted this out at last. Hope you and your kids will be very happy in your new home.

megletthesecond Sun 23-Oct-16 14:08:00

Blimey lost. What a trauma. Some people are nuts.

Enjoy your new home. Hope the painting is going well.

notapizzaeater Sun 23-Oct-16 14:11:22

Some people are stark raving mad !

ImperialBlether Sun 23-Oct-16 14:20:18

I would have been beside myself with stress! Even though it was only a day I hope you can get some money off them for this.

Kidnapped Sun 23-Oct-16 14:25:25

And don't forward their mail for them. Just put NO LONGER AT THIS ADDRESS and put it back in the post box.

Cheeky feckers.

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