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Vendor sold property but refusing to move out

241 replies

Mirrorimage2345684 · 12/03/2019 20:17

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?

OP posts:
llizzie · 15/03/2019 02:50

It appears you have become landlords with a squatting tenant. The law may be different in Scotland, I don't know, but in effect that is what the situation is now. You could approach a solicitor who works solely for landlords. They will have experience in this sort of thing. Usually it happens when a house is empty, the vendor has left and someone with a keen eye has gone in, changed the locks and settled before the new owners could get their foot in the door. That involves taking the squatter to court and getting an order for possession which most likely will be granted SO LONG AS YOU DO NOT ACCEPT RENT. If you do, then you have no tenancy Agreement and you cannot take them to court without one. There is an Association for Homeowners. They have a fee of £46 a year and I would think they would have info on what happens now.

llizzie · 15/03/2019 02:53

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WTFIsAGleepglorp · 15/03/2019 03:02

Wow, OP!

Was he a first time vendor?

Did he inherit the property?

Had he no clue at all about what selling a house with vacant possession actually means?

I'm glad he's out, but jeepers! That was stress you could have done without.....

ApolloandDaphne · 15/03/2019 07:05

I wish people would RTFT and see that OP is now in her house.

Ferret27 · 15/03/2019 08:55

Sho it sounds as though he has not arranged somewhere to go ... why don’t you show him a couple of places to rent near by.. Explain that you have to move out of your place in 3 days and will be homeless. Also write that you don’t want to burden him with additional legal costs and other costs if he does not move out within 72 hours..
Have you spoken to him? Turn up and speak to him.. so you understand what you are dealing with..

Ferret27 · 15/03/2019 08:56

Oops posted before reading last page ... good outcome

Singlenotsingle · 15/03/2019 09:01

Why on Earth don't people check the full thread before jumping in with out of date advice? At least read the OP's updates, even if you don't want to read everybody else's comments!

FairyFlake45 · 15/03/2019 10:37

As Famspamtastic says, it is YOUR house now so you can get a locksmith to change the locks. Wait until they are out, break in and change locks, or if you’re feeling particularly generous, give the occupants some notice of your intent. Either way, get them out!

iklboo · 15/03/2019 11:12

I give up.

MyOtherProfile · 15/03/2019 12:36

I wonder if the OP has thought of just getting the man out? Grin

LarryGreysonsDoor · 15/03/2019 12:37

Cancel the cheque.

thewalkers · 15/03/2019 19:40

Why don't you call the police,ring your solicitor,get a locksmith? 😬 or ppl could just read the updates and see it's all been resolved.

TheFormidableMrsC · 15/03/2019 22:02

RTFT Hmm

Greenkit · 16/03/2019 10:33

Fabulous news so pleased

Proudofmynane · 22/03/2019 01:34

I'm fairly sure that under Scottish Law you can actually march in and throw them out!! Could you get a Lawyers letter (cheaper than Court) sent to them stating that you are moving into your house on this date and they better start packing and find a place to rent?? God knows these people have enough of your money to make this possible. Nobody is so stupid that they dont know what selling means. They are taking you for a mug. Meanwhile you are paying a mortgage and rent as well??

MyOtherProfile · 22/03/2019 06:03

@Proudofmynane think you win the rtft trophy Grin

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