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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

AIBU To not allow access (flat sale)

47 replies

Londoncallingme · 07/03/2022 15:16

I am selling a flat that I don’t live in, (it is furnished but vacant)
We have a completion date set but the buyers have asked if I can clear the furnishings a day before completion so that they can come in and pull up carpets/clean before they move in the next day. I feel uneasy about handing over the keys before completion day. AIBU not to? I suppose I’m asking really if there’s any reason not to give them keys before we’ve completed.
YABU TO REFUSE ACCESS
YANBU TO REFUSE ACCESS

OP posts:

AllAmericanGirl · 07/03/2022 16:03

Well Jesus, that would be ideal for everyone moving house wouldn't it? Unfortunately that's not the way it works. I wouldn't agree to this in a million years. They'll have to wait until completion, like everyone else. Cheeky.

TheHoptimist · 07/03/2022 16:15

@Realitydawning98

No way because what if the sale falls through and they squat??

You have their 10% deposit and keep it

WhatATimeToBeAlive · 07/03/2022 16:21

YANBU, they won't be insured for any damage as you can't get insurance until you own it.

Itloggedmeoutagain · 07/03/2022 16:23

No
They can't

Georgeskitchen · 07/03/2022 16:25

No way. They get the keys when the money is released into your account

Xpologog · 07/03/2022 16:25

No. And your solicitor will advise you not to hand over the keys before you get the say so on completion day.

When they have the keys they could cancel completion and you’d have a legal fight to get repossession of your flat.
If they do something wrong, drill through a pipe, damage electrics for example, they could cancel completion and you’re left with the damage.

Either talk to solicitors to complete a day earlier or wait until you get the “ hand over the keys call” .

Leftbutcameback · 07/03/2022 16:28

Nope, nope and nope! In the unlikely event you do agree to it ask your solicitor to draw up a licence for early access, ensure that they pay the additional legal costs, and that you've got some security if they cause damage and then don't complete.

Leftbutcameback · 07/03/2022 16:30

On the insurance issue it is usual for purchases to have insurance in place from exchange, because if anything happens the property you're bound to complete therefore incur losses (standard clause, but is negotiable). However trying to deal with this is really hard work (I speak from personal experience) and so it's another risk.

Toomuchtrouble4me · 07/03/2022 16:31

I won’t do it for all of the above reasons. Thanks all.

NiLunNiLautre · 07/03/2022 16:48

The seller of our last house gave us keys so we could measure up, fix some things etc. weeks before we moved in or even exchanged! The EA and solicitors were appalled (house was uninhabited but not empty of stuff). However she also popped round and let herself in to collect a couple of things she'd left after we'd moved in and house was ours. She had a key she'd found (she gave it back) and we weren't in, so she thought we wouldn't mind. We didnt in this case, but I'd be very wary of allowing this again... things can go wrong and not everyone is trustworthy.

Your buyers can move in a day later if they need to rip up carpets first.

BlackAndPinkNose · 07/03/2022 16:49

God no - your solicitor would tell you not to release the keys until completion.

Eightiesfan · 07/03/2022 16:54

No, if they want access the day before, then they need to complete the day before, which might be an issue if they are in a chain.

When I sold my flat, neither I or my buyer were in a chain, and I literally got a phone call from the estate agents to ask if I could bring the completion day forward a day. My solicitors were contacted and money transferred so all was good.

Original poster

Londoncallingme · 10/03/2022 18:21

Posted a few days ago re flat sale and access requested before exchange.
Now they want to exchange and complete on the same day. It’s a big long distance move and means that they could try to negotiate us down as our moving trucks arrive! EA says it’s unusual but ok, solicitor says beware. Has anyone ever had this? Is it normal?

OP posts:

Lolapusht · 10/03/2022 18:31

It will probably be ok to do a simultaneous ex/completion and everything will probably go as expected BUT, do you want to? You have absolutely no guarantee they’re going buy your property and can simply walk away, as you say, while you’re on the road to your new house.

Are you comfortable with that level of uncertainty?

There will no doubt be lots of people popping up saying it’s the only way they ever buy houses and they’ve done it for over 20 years and never had a problem, but there is no way I’d agree to it. If I were buying a BTL or a development property and didn’t have to move it straight away I might. Moving my family into our new home? No way.

What have they been like up until now? Flakey buyers can get twitchy toward the end and start demanding all kinds of ridiculousness. They’re entitled to ask and you’re entitled to say no!

AwkwardPaws27 · 10/03/2022 18:36

@Londoncallingme

Posted a few days ago re flat sale and access requested before exchange. Now they want to exchange and complete on the same day. It’s a big long distance move and means that they could try to negotiate us down as our moving trucks arrive! EA says it’s unusual but ok, solicitor says beware. Has anyone ever had this? Is it normal?

I'm confused - I thought you said you didn't live in the flat, & it was vacant? If its forming part of an onwards purchase, could you exchange and complete on the (vacant) flat one the same day, but not on your forward purchase til a bit later, so they can't use it as leverage?

Our buyer went AWOL on exchange day, didn't transfer the deposit & didn't resurface until after the weekend. Needless to say the rest of the chain were furious and I was v stressed - but at least all our stuff wasn't in a removal van!!

BorsetshireBanality · 10/03/2022 18:38

I sold a property that exchanged and completed on the same day due to fuck-ups by the purchasers. Only possible because I wasn’t buying anywhere myself and stuff was going into storage. In the back of my mind I thought it might fall through.

These people sound like chancers to me. They’ve already tried it on! Why are they asking? Can they not get their deposit together?

OpheliaThrupps · 10/03/2022 18:43

This is what you pay your solicitor to advise you on! The solicitor is the only person in the transaction who you can actually trust to have your best interests at heart. Take their advice and follow it. What random unqualified strangers on Mumsnet think is pretty much irrelevant.

Chloemol · 10/03/2022 19:04

No I wouldn’t they would get the keys after I get my money

cakewench · 10/03/2022 19:06

If your solicitor says to beware, that's something you should take seriously.

SolasAnla · 10/03/2022 19:12

Its an empty property.
If all the legal checks are done there is nothing to stop you both from exchanging today whats their logic?

What are you doing with the furniture and contents?

You are not in a chain, the contract should include an empty of contents clause with the retension to allow the buyer to recover the cost of any disposals.
Find out how much it would cost to have the moving company
•clear out,
•store for x days, and
•refurnish or
•dispose of contents
for the property.
They pay over the total cost as a deposit.
If the sale falls through after you clear, you get to keep the money to cover costs.
If the contract is finalised
•you pay/offset for the removal
•they pay for the % daily storage cost
•the refurbish cost is offset
If you fail to clear they get a deduction.

If they are worried that they turn up and are homeless due to your failing to clear the property/ or close, offer to add in a clause which covers them in a hotel and you paying for their extra move costs.

Your solicitor can organise any retension. They are sent the money and control any payout the buyer can be assured that the solicitor will not act in a way which leaves their pratice liable or open themselves to professions sanctions.

SolasAnla · 10/03/2022 19:18

Plus if there are penelty clauses make sure that the day is a Monday or Tuesday not Thursday/Friday where you risk paying for a weekend

olympicsrock · 10/03/2022 19:25

Exchange abs completion on same day is ok but HUGELY stressful as you book removals and have no idea whether it will all happen.

You will pay through the nose for removals and insurance as you won’t be able to plan.

Just say no to giving them keys in advance. It’s not the done thing and will put you in a dangerous position

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