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?

www.lindsays.co.uk/news-and-insights/insights/squatting-in-scotland-is-it-already-an-offence
Realistically if the police won't evict him court looks like your only option

Why would you pay for a second legal opinion when you have been given perfectly good legal advice from your solicitor. What magic legal advice is another solicitor going to tell you. You can’t afford court but can afford to see another solicitor? You can’t afford not to go to court. Your going to have to pay rent and a mortgage. You need to see what his solicitor has done he might be out tomorrow if not take him to court it’s the only way.

If he’s genuinely willing to pay rent (you’ll never see a penny BTW as he’s a chancer) charge him £20k a month.

Blimey OP - you've had a solicitor opinion, you've had the opinions of people here. Get to court. It's the only way. Why are you talking about paying for another opinion. Court tomorrow. And claim the fee back from him.

Or talk to him first thing tomorrow and tell him he has to be out at noon.

Or carry on paying rent and a mortgage and hope he doesn't torch the place.

Or spend tomorrow on here going 'ooh I can't afford court I don't know what to do.' 🤷‍♀️

There was a local situation akin to this. The owners waited for the CF to go out, then changed the locks. The CF rang the coppers but there were nothing they can do.

You could tell him that you need to live there asap and your sorry but your solicitor has advised you will need to take court action if he's not out of the property by the weekend (or whatever date). The threat of it might get him shifted.

Can’t you just go round there , go inside and refuse to leave. It’s your house after all.

Sling him out. What’s he going to do about it? Take you to court? Sling the cheeky fucker out now.

DON'T TAKE RENT then he would be a tenant with rights
move in with him

I just worry we’re opening up a whole can of worms going down that route.
That’s because it would, DONT DO IT. Unless it’s a bit to let mortgage, you’d be breaking the contract.

You’ve been given some good advice here and haven’t responded to any, which makes it sound like you’re not listening. Have you told him no yet?

Definitely would not take rent from him, tenants have a lot more legal protection in Scotland than in other parts of the UK and you definitely do NOT want him having any rights whatsoever.

I would be asking the solicitor who acted for you to contact the squatter's solicitor and ask them what the hell he is playing at.

Go round ask to speak to him to
Discuss rent (don’t put in writing).
Once there refuse to leave and let any and all members of the family and all your friends in.
He knows exactly what he’s doing.
Don’t be a mug.

Disclaimer I have no legal experience at all.

Friends of mine has this, they bought a property that they intended to rent out after a face lift. Vendors didn’t move out and told them the estate agent said it would be fine, they’d just be the new tenants! My mate actually had to start turfing their stuff out through the open door. Hope you get it sorted OP

Course he knows how buying and selling happens

He sold to you. He had a lot of money from you

You own the house

I would break lock /door and turf him and property out

Replace door or lock

He is absolutely playing you.
If he has enough intelligence to own a shore and pay a mortgage, put it on the market and give the solicitor the documents needed then he absolutely understands he is in the fucking wrong.
Sit outside the house and surveille it. When he leaves to go to the shops or work or walk the dog, then go in with your biggest mates yo know and change the locks. Prewarn the locksmith, then put all their stuff in bin bags on the road.
Do not accept any money from them.

But it’s not a rental property and you’re not a landlord!

In Scotland you need to be registered as a landlord with the local authority. You need to have the relevant checks/certificates on the boiler etc and have the property insured as a buy to let. You also need a buy to let mortage or at the very least permission to let from your mortgage provider.

Do not accept rent!

It is your property. You are within your rights to gain access (break a window or door if need be). Start moving you’re atuff in. Change the locks.

Going through court would be lengthy and complicated.

He has money to rent. Great! He can go and find himself somewhere to rent that isn’t your house.

He has just been given lots of money. He can stay in a hotel. IF he is mentally incapacitated shame on his solicitors for taking his money and not ensuring he understood.
I get you can’t easily chuck him out, but there can’t be any legal reason why you can’t start to move in, surely... You could be starting a refurb and about to rip out all the window and doors, would he stay in it then? I wouldn’t be able to sit at home I would need to be at the house i had just bought until he left.

Go there with a few friends and start removing his stuff. Do not take any rent. It is your property, he is a squatter. As long as you don't touch him, you are on the right side of the law.

Has your solicitor told his solicitor to tell him that he needs to be out?

I don’t understand the Scottish system:
You pay someone a ton of money to buy a house off them, and they sign a contract to say they will give vacant possession on sale.

And you can’t change the locks in your own property? Or use ‘reasonable force ‘.

So you go to court, where it is confirmed that it is your property/ they have your money / they signed contract blah blah

But what then? If you can’t use reasonable force to get them out!

Hope you get it sorted OP.

When ex h and I bought a house the CFer vendors completed and they were still moving their shit out as we moved in. Our dads just started changing all the locks and we and mates started carrying in our stuff. We had ended a tenancy so had to be out of our flat by close of play that day. They were like 'You're not going to wait for us first?' 'Nope, you can just move out whilst we move in. Fuck you. Just paid you top whack for this house, now it's mine.' They had been chancing it for a while, though, as they wanted to get the money for selling the house but still hang onto it till their new build was finished. Cunts.

I am listening, I just find it hard to believe court is our only option

Have you got the house insured? Hopefully you have... And hopefully that insurance will come with legal insurance - ring them for advice. You won't need to pay for it as you're already paying through your insurance. And they have a very vested interest in ensuring that you are in your own property rather than some idiot that no longer owns the house and has screwed you over by not moving out.

Hotpotlawyer you have just put into words exactly what I’ve been trying to say all day!! We’ve got the paperwork, the house is ours but somehow there’s nothing we can do to get this idiot out!!

It's your house. Can't you just move in anyway? (Just a question!)