Vendor sold property but refusing to move out

[Mirrorimage2345684]

We are in Scotland. Our completion date on our new home was yesterday. We phoned the vendor to arrange to pick up the keys and he tells us that he wants to rent the property from us until the end of the month. He is now refusing to move as he has nowhere else to go. We have bent over backwards for this vendor, we allowed them a long entry date and then brought it forward at their request. We need them out ASAP but can’t afford to take them to court. What can we do?

[BinaryStar]

You should take proper advice from your lawyer who has acted on this for you

[Mirrorimage2345684]

Our lawyer has advised court which we can’t afford or take rent from them but doesn’t know if accepting rent from them will give them rights as tenants which we are keen to avoid.

[user1487194234]

I definitely don't recommend you take rent
Have you got a mortgage

[mummyhaschangedhername]

Wow! So were you planning to move into the property or is it a buy to let. Get another solicitor, one tat isn't just property. Does squatters right laws exist in Scotland?

[Lonecatwithkitten]

I won't go into the detail of my situation, but you can not afford not to follow your legal advice- though costs almost certainly will be passed on to the non-moving vendors.
Even with top notch legal advice our situation has been dragging on for 2 months - yes we have owned a house for 2 months, but do not yet live in it. Needless to say the SRA are involved in the investigation into the advice that was given further up the chain and it is only the fact that we did not have to move out of our current homes in completion that has meant that other people in the chain are not homeless.
There is no point detailing our legal situation as we are in England. But I would be doing what your solicitor says.

[GoGoGadgetGin]

What? How can he have any legal standing in the property?!

[GoGoGadgetGin]

How can this differ from someone just coming into your home and refusing to leave?

[Lonecatwithkitten]

@GoGoGadgetGin as we have discovered some people have a weird understanding of what selling your house means and also some solicitors give very bad, very wrong advice.

[RagamuffinCat]

I think it would also be worth speaking to the local police to see if this is a criminal act as well as a civil one there.

[user1487194234]

Assuming the deal was on the basis of the Standard clauses there is not much you can do for 14 days The seller will be responsible for your reasonable losses

[eyeczawikaivov]

Don't take rent!
He is an illegal occupant, trespassing on your property.
Your solicitor has been utterly incompetent as assuring vacant possession is ABSOLUTELY BASIC conveyancing. You have handed over a huge amount of money and have nothing to show for it.

Gain entry to the property by whatever means necessary and then refuse to leave and start removing his possessions. Tbh check the documents and you'll probably find that legally all his worldly goods are now yours as the contract ought to say something about any items left behind being now yours.

[Ginger1982]

There are no squatters rights in Scotland.

[user1487194234]

Settlement should have been made on the basis that vacant possession is available
That puts the Seller in breach of contract
It does not make the solicitor incompetent
Do you imagine the solicitor goes round and checks the house is empty
You have a strong legal position,the difficulty as always ,is enforcing it
You may need to take court action
Or at least threaten it
Most of the costs will be recoverable from the seller And you know he has money (as you just gave him it )
The police will not be interested
Speak to your solicitor about arresting the funds

[Mirrorimage2345684]

We can not afford legal action. We’re not homeless, we’re staying in our rented home and can extend this if need be as we’re on good terms with our landlord. They do seem genuinely clueless and I don’t believe they’re malicious but they seem to have no understanding that selling a house means you need to move out!

My concern is if we accept rent from them, they will gain tenancy rights. Help!!

[Bluntness100]

You can't accept rent, and I'm struggling ro believe your solicitor told you the only option was court.

Find a new solicitor.

[DrinkFeckArseGirls]

If the house is officially yours, can’t you call the police on them?

[user1487194234]

You will have to go to court if he won't move out
Have you got a mortgage on the property
If so you definitely can't take rent and would need to report the position to the mortgage company who will probably insist on court action

[bionicnemonic]

Plus you’d have to be a ‘proper’ landlord and get gas certificates etc...if your solicitor thinks they would have to pay the costs could you get a loan to cover the costs

[prh47bridge]

Your solicitor has been utterly incompetent as assuring vacant possession is ABSOLUTELY BASIC conveyancing

Conveyancing ensures that the contract stipulates vacant possession on completion. It is not the job of the solicitor to go round to the property and throw the seller out. If the contract states vacant possession the solicitor has not been incompetent at all.

Mirrorimage2345684 - You need to listen to your solicitor. If the vendor refuses to move you will have to take them to court. That is the only way you can force them to leave.

[Mirrorimage2345684]

I have no issue accepting that we are right and the seller is in the wrong here. My problem is what we can do about it?

[user1487194234]

Court action will definitely be required if they won't move out
What else could possibly be done

[ideasofmarch]

I'd turn up with a locksmith and several burly friends. Change the locks and then physically carry their belongings outside. A pal of mine did this a few years ago, and took his cousin's two dobermans along for the ride as well.

[FanSpamTastic]

I don't know the law in Scotland but when we bought our house in England the seller failed to hand over the keys. Incompetence rather than any intention to deprive. He had been letting the house out - it was empty but his car broke down on way to hand over the keys. So he said!

I had a locksmith booked to change the locks on completion date but obviously had no keys to let him in. I called the solicitor and was told it was my house and could do what I liked - including breaking in to change the locks.

I would suggest the same course of action. Check when CF goes out then have the locks changed while not in the house.

If you are feeling generous then leave CF's stuff outside for them to collect.

[MenstruatorExtraordinaire]

How can this be the solicitors fault? The solicitor can't control whether or not somebody leaves a property it's not incompetent conveyancing it's just unfortunate that this person is a complete idiot.

You can't march in their and bodily throw him out so the only solution is Court if he is refusing to leave.

Presumably the solicitor acting for the seller has not released the balance of purchase monies to him.

[user1487194234]

That would be a criminal act in Scotland
The only way to get someone out legally is by obtuse court decree and enforcement through Sheriff officers