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No completion date - homeless from next week

15 replies

Lissie2015 · 04/07/2015 19:33

We've exchanged on a shared ownership flat which was meant to be ready for completion in May Wink.

Our current tenancy contract runs out next week and our landlord didn't want to extend it on a rolling, monthly basis so we need to be out.

The problem is that the estate agent who's handling the sale of the property we are buying is absolutely useless. They don't provide any info so we have no idea at all on a completion date.

Once we need to move we have a week at a friend's and then another week at an air bnb. Beyond that, nothing. Our families don't live anywhere near to us, our friends don't have spare rooms and the only available short let places in the area (so DD can still get to her childminder) are way beyond our budget.

Has anyone else been in a similar situation?

I'm really angry that neither the estate agent not the housing association seem to give a shit. We have an 11 month old DD yet they couldn't care less that we are factually homeless for the foreseeable future.

OP posts:
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PigletJohn · 04/07/2015 19:44

you say you have exchanged contracts.

What is the completion date that has been contractually committed?

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NoArmaniNoPunani · 04/07/2015 19:46

Your solicitor should tell you your completion date.

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fhdl34 · 04/07/2015 19:49

If you have exchanged you should have a completion date, speak to your solicitor

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QuiteLikely5 · 04/07/2015 19:51

Is the place occupied or brand new? If brand new pop down to the site and see how far on they are.

Your solicitor not estate agent is responsible for a completion date.

Can you ask your landlord for a few extra weeks if you explain the circumstances

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titchy · 04/07/2015 19:52

Sounds like you haven't actually exchanged sorry.

Your solicitor should be pushing things forward not the estate agent who isn't actually working for you.

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specialsubject · 04/07/2015 19:54

if you have actually exchanged then failure to complete the sale on the agreed date incurs penalties from the other side.

so have you exchanged? What does your solicitor advise?

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caker · 04/07/2015 19:55

You don't legally have to move out at the end of your tenancy. If you have nowhere to go, stay put. The landlord would have to take you to court to evict you and that's unlikely seeing as you will be moving soon. Not ideal of course but is an option. I'd speak to Shelter to get the facts on housing law in your situation.

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QuiteLikely5 · 04/07/2015 19:56

You can exchange co tracts without a completion date

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Gingerandcocoa · 04/07/2015 19:56

Actually you can exchange without a completion date. It's very common for new builds. I assume the developer will give you X days notice before completion, I assume this is what you're waiting for.

Can't imagine there's much you can do other than keep chasing the estate agent and finding alternative accommodation for the time being!

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Dorisdolalee · 04/07/2015 19:59

You should tell your LL you aren't moving out. It will take 6 months to get a court order to begin to evict you. You really have no other option. You can't move 3 times.
It's a perfectly reasonable course of action. Your LL will not be able to do anything.

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specialsubject · 04/07/2015 20:00

yes, the notice to quit is actually a notice of 'legal eviction proceedings will commence on this date'.

what you could do is contact your landlord, explain the problem and see if you can have an extra month. This will save him money and avoid a possible CCJ for you which will stuff you up big time if it gets that far.

jeez, didn't know you could be messed about like this with new builds. Give the developer hell and demand compensation. as it will lose value when you move in anyway

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LittleBearPad · 04/07/2015 20:12

Your solicitor is the person to chase, not the estate agent. Are you sure the completion date isn't in the contract?

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LittleBearPad · 04/07/2015 20:14

Before you decide to just not move out you may want to speak to the landlord to see if you can stay a bit longer.

And Doris of course they can move three times.

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caroldecker · 04/07/2015 20:21

Has your landlord actually given you a notice to quit? If not, the tenancy moves onto a rolling tenancy - you only have to leave if they have given notice.

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Dorisdolalee · 04/07/2015 20:22

I knew some pedant would come along and point that out. I wasn't being literal. I'm in a similar position and if you consider days off work, moving costs, uprooting family life and so on- it's daunting to have to do it more than once.

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