No keys to house

[Goldenelephant123]

I bought a house in august, there has been a lot of confusion and it was taking forever to sort out, on the 18/01/22 they said everything was now sorted and my mortgage had officially started etc so we ring the estate agents for the keys and they say they can’t give them out as paperwork is not sorted out properly. We’re very confused, I have spoken to the bank and they’ve said they have never come across anything like this before but can’t really do much to help ..
We have now had to extend our time with our current landlord and cancel furniture delivery’s etc. Today when speaking to the solicitor she said the deeds hadn’t come in the post and she can’t confirm when it will be sorted (that’s the first time she has mentioned the deeds) .. I have tried to ring her and she won’t get back to me .. do I have any rights? What should I do ?

Have you exchanged or completed?

Are you in England?

This sounds all arse about face.

Have you exchanged contracts? This is when the sale is agreed and you can’t back out without penalty. The house isn’t yours at this point.

Have you completed? This is when the mortgage company makes the funds available, they are transferred to the vendor, and you take vacant possession of the house.

If you’ve completed, the house is yours. If there are still legal issues after completion, your solicitor hasn’t done their job properly and you should be pressing them for a clear explanation of where you are and why you don’t have vacant possession when the mortgage company believes the house now to be yours. Don’t be put off - you could be in a very precarious legal position.

Where is your deposit?

Have you exchanged? Signed contracts sale completed? Go the house with a locksmith and let yourself in. You want to change locks anyway, you don't know who has spares 🤷‍♀️ what's she gonna do?

I had an issue with our solicitor saying the title register hadn't updated with us as owners or something. I actually bought a copy off the Internet and sent it to her so she'd give us the keys! It was only 3 quid, and showed it had been updated 2 weeks prior.

eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do

I have given my deposit, the bank has released the money, we have completed. The bank said our mortgage has started on 18/01 but they are refusing to give keys until this paper work issue is sorted.. they are now saying it’s because the deeds wasn’t sent? But I am unsure as they keep changing there story..

Could I ask either of them to pay my first months mortgage ?

The sellers solicitor is supposed to work with your solicitor on this to exchange and complete.
If either of them have exchanged/completed with paperwork missing, then they've fucked up. In a way which I'd think conveyancing would never do.

@BernadetteRostankowskiWolowitz

The sellers solicitor is supposed to work with your solicitor on this to exchange and complete. If either of them have exchanged/completed with paperwork missing, then they've fucked up. In a way which I'd think conveyancing would never do.

Yes, this. You need to keep a list of all your costs and present it to your solicitor as a bill - rent, storage costs, time lost to sorting it out.

I’ve never heard of something like this going so badly wrong in conveyancing. The legal steps are very clear and straightforward, and it shouldn’t be possible to move from one to the next without everything needed in place.

This is VERY weird.

Your solicitor sounds strange. Did they really say “the deeds haven’t been sent”? Because that’s technically inaccurate.

Go to the Land Registry website and pay the £3 to check whose name the house is in. If completed it should be yours. If the house is in your name then you should have the keys.

Threaten to sue your solicitor for negligence (and consider actually doing it, if this is costing you money): if they have completed on a property and you are paying the mortgage but the house is not in your name yet, the solicitor has messed up. They will have insurance to cover cases where they mess up. You may want to sue your solicitor for the cost of the first mortgage payment.

If the house is in your name, go round to the estate agent with a copy of the print out from the land registry saying the house is in your name, tell them that the keys are your property and if they aren’t released to you, it will be a police matter? Might help?

Do you have any direct contact for the seller? We got our key direct from them. Bottom line is if you have completd the seller is legally obliged to give you the house.

Is th house unpccupied? I wonder what would happen of you went round and called a locksmith saying you are locked out of your new house.

Who is refusing to give the keys? Can you go and see them to explain you have completed and the house is now yours?

Agree re deeds. They don't get posted out. Usually the bank retains them.

I work in conveyancing and this is not right, firstly did you exchange contracts? If so and the seller fails to complete on the completion date sent then you can sue them for breach of contract and ask for compensation to cover any thing which has put you out of pocket due to their failure to complete. The Land Registry take several weeks to register property at the moment so it would be a waste of time downloading an up to date title as it will show the sellers on there. If your solicitor wont contact you then ask to speak to the complaints partner at the firm and tell them you will be going to report them to the SRA if you don't get answers to what the hell is going on. You need to be pushy with them as this is not at all normal and nothing I have ever come across in my 25 years of conveyancing

I work at the Land Registry and some sales are taking over a year to Register at the moment so that will not be reliable but should not affect the conveyancing process if everything has been searched/actioned properly.
I’ve never heard of anyone completing and not being able to take possession of their property before.

None of this makes sense. You need to confirm what country you are in before anyone can explain what the process is for where you are. Very different in England from Scotland etc.

This is bizarre. Go to the house with a locksmith, get the locks changed and take possession. has the vendor vacated?

@Barton10

I work in conveyancing and this is not right, firstly did you exchange contracts? If so and the seller fails to complete on the completion date sent then you can sue them for breach of contract and ask for compensation to cover any thing which has put you out of pocket due to their failure to complete. The Land Registry take several weeks to register property at the moment so it would be a waste of time downloading an up to date title as it will show the sellers on there. If your solicitor wont contact you then ask to speak to the complaints partner at the firm and tell them you will be going to report them to the SRA if you don't get answers to what the hell is going on. You need to be pushy with them as this is not at all normal and nothing I have ever come across in my 25 years of conveyancing

@Barton10 - do you think it’s possible that it’s the mortgage deed, as opposed to the house deeds, which is missing? Could that be possible if the mortgage company has released the funds?

they cant expect you to pay mortgage plus your rent all because someone somewhere has messed up

Get your solicitor to find out what the hood up is and to sort this out.

Hold up

This is utterly bizarre. Speak to your solicitor. Only they can explain to you what has happened. If they have completed you now own the house and can gain entrance by force if necessary. If you haven't completed find out whether they have sent the money to the seller's solicitor.

But you say you have completed, so you own the property and should not have to wait for anyone.

Very strange, never come across this.
Looks like a solicitor, or both , have messed up.
Keys should be handed over on completion —- so if arranged for 1 pm today the seller would have to vacate the house at or before 1 pm and hand the keys over when solicitor calls to say completion has taken place.
Speak to someone senior at your solicitors. If they cannot give a satisfactory answer call the Law Society.
It is unusual to have paper deeds these days. Usually the registration at the Land Registry counts as your deeds.
Someone has messed up big time.

Is the ea awaiting instruction from solicitor? Either you have completed in which case the keys are yours or not. Have you signed contracts etc previously?

Are the sellers still in the house?

You need to lodge a complaint under the firm's Complaint policy. Have a look on their website for details of the policy. If you can't find the policy address a letter to the Senior Partner and make it clear that you are initiating a complaint, which will mean they have to respond within strict time limits. If they fail to give you a proper response you can then complain to the Solicitor's Regulatory Authority. Please do so today to start the time limits running. Hand deliver the letter if possible, if not send the letter special delivery.

What is going on?
I’d be almost inclined to change solicitors, ideally to one that is close to you so you can walk through the door and talk to them.