Vendor sold property but refusing to move out

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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?

@Mirrorimage2345684 you say you can not afford court, but if you don't you will be paying your rent and a mortgage. So really you can't afford not to go to court.
You keep saying what can I do? The answer is go to court as your solicitor is advising you.

You absolutely need to get access to the property, smash a window if necessary (as you can't cause criminal damage to your own property) and change the locks. If the vendor tries to regain access, call the police for trespassing

My last post was to the suggestion of turning up mob handed

The money has been released. There was no reason to believe that the seller wasn’t going to move yesterday so I don’t blame the lawyer at all.

We are now paying rent for our current property and a mortgage for our new house and we can’t afford both!! We need this guy to move now and can’t afford court action.

I don’t believe he’s malicious, he is completely stupid but I don’t believe he’s doing this to be obstructive. I don’t think he realises how house buying and selling works.

OK, are we actually within our rights to turn up and throw them out?

You keep saying you can't afford court action. Listen to those telling you that you can't afford NOT to take court action. If you don't it will end up costing you a lot more.

Change the locks for starters. Personally I’d start chucking his stuff out on the street too. Or at the very least initiate court proceedings.

You definitely should not accept rent - you presumably don’t have a BTL mortgage so you’re probably in breach of the terms of your mortgage if you rent the house out. You need to inform the mortgage provider too.

If you let him stay you will be breaching the terms of your mortgage (if you have one?).

I hope you get him out soon

Ok so if he has a chip pan fire and burns the place down does your buildings insurance cover you? No.

You need to do what your solicitor is telling you to do - if you want a second opinion then call your home insurer to see what legal cover they offer. Dont just leave this.

Cross posted!

If he leaves the house at any point, break in and change the locks.

Are you sure the money has been released by his solicitor to him
That would be a bit unusual
His solicitor should be telling him he is in breach of contract
What is your mortgage company saying
They need to be told and they will probably insist on court action
It is partly their money!

I think you might need a second legal opinion. You wouldn't want to enter the property and then find out you have committed a crime.

You’re entitled to use reasonable force to remove a trespasser from your property. Obviously you can’t manhandle them, it’s best if you don’t touch them. But you can definitely change the locks when they go out and remove their belongings. I’d be tempted to inform the police and ask if they can attend to keep the peace.

Break in and change the locks. Start unpacking your stuff.
You need a good traditional rugby team to empty him +his belongings into the street.

Call the police on the non-emergency number.
Ask if you can just throw them out. (I have no idea of Scottish law, btw.)
If so, go tomorrow armed with a locksmith to drill the locks and change them if necessary, and people to put his stuff out on the street.
Move in. Job done.
The only way to beat people like this is to shift them as soon as possible.

It's your house.

He has to leave.

You’ve said a couple of times that he doesn’t understand what he’s done - what DOES he believe he’s done? That you’ve handed over £££ to him and he gets to carry on living there?

Have you said no to him yet?!

I had something similar in my first purchased house. Money cleared, got keys, let myself in and the guy was standing there with all his filthy crap lying about.

He was furious I'd walked in - to my own, paid for house!

Was all nice and pleasant about it until he started to not bother to move stuff.
Told him he was to be out by that evening and walked around and started tearing old wallpaper off while he watched.

This was in Scotland, he left by that night under the opportunity to either leave and pay me to Chuck his crap in a skip or just leave with his stuff.

Go there, start moving your stuff in and tell him to leave. Now.

You might be able use reasonable force in England
I don't know
You certainly can't in Scotland
The only way to get someone out in Scotland (legally) is by court action
No ifs or buts
If you genuinely think he just doesn't understand how it works a strong letter from his solicitor explaining it should do the trick
And tell your Mortgage co unless you want to be in breach of your mortgage conditions before you even move in

You own the property he has your money. He he therefore now squatting. Can you enter the property with the police and get him removed?

scotland.shelter.org.uk/get_advice/advice_topics/finding_a_place_to_live/squatting

I think we will need a second legal opinion. I just don’t understand why we have to pay for legal fees when we have missives concluded that say vacant possession!!

I know, I can’t get my head around it either. His understanding of how the property market works is insane. He seems genuinely willing to pay rent though, I just worry we’re opening up a whole can of worms going down that route.

Legally speaking you need to take legal action.
However personally I'd be getting some large friends round and a locksmith, breaking in and changing the locks.