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Original poster

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:
user1487194234 · 12/03/2019 23:02

To Hotpot Once you have a court order Sheriff Officers enforce it

Original poster
Mirrorimage2345684 · 12/03/2019 23:02

Thank you rosablue that is a good idea

OP posts:
TheFormidableMrsC · 12/03/2019 23:04

Where is his solicitor in all of this? He must have had one. I'd start moving in BECAUSE IT'S YOUR BLOODY HOUSE! This is ludicrous.

Turquoisetamborine · 12/03/2019 23:08

I can’t believe you are letting him spend the night in your house. You’ve got a better temperament than me!

GroggyLegs · 12/03/2019 23:08

I'd knock on the door, tell him I was here to discuss rent. Then refuse to leave and call a locksmith.

It would be horrible and awkward as fuck, but no way would I leave a random uninsured stranger in my house alone.

HennyPennyHorror · 12/03/2019 23:09

I think I'd wait till he was out of the house...watch it if needed...then move quickly and change locks.

There's no tenancy agreement, he hasn't got a leg to stand on. If he had a tenancy agreement it would be different, he's basically squatting.

I just found this
www.gov.uk/squatting-law/remove-squatters

So you need to apply for an IPO if it's been under 28 days that he's been in your property.

HennyPennyHorror · 12/03/2019 23:11

It says on that link that if you forcibly remove him, you're committing a crime.

The IPO seems the best course of action. Since he seems ignorant, I would first appeal to his better nature by letting him know you've sought an IPO and that might move him.

user1487194234 · 12/03/2019 23:12

The property is in Scotland so reference to IPO irrelevant

BreconBeBuggered · 12/03/2019 23:13

When I sold a property in Scotland, and the short term rental I'd sorted fell through at the last minute, it was my understanding that I had to get the hell out anyway or I'd be liable to pay costs to the buyer. Is this not still the case? I can see that court sounds like an expensive option, but it's the only realistic choice you have, and you shouldn't ultimately be footing the bill. Either the vendor or your insurance will have to settle it.

BorsetshireBlew · 12/03/2019 23:14

What other course of action do you think there could be? Police won't evict him (they can't) so your options are legal channels or brute force...

Mummyoflittledragon · 12/03/2019 23:15

Absolutely listen to the people saying not to charge rent. This could leave you in a lot of trouble. I’m a ll. You. can’t just take a few quid from someone.

Can you go to your local CAB and find out if you can gain entry and change the locks when he goes out? As others have said you can’t afford not to take legal action against this man. Your costs will be awarded I imagine. You also need to be checking you are covered under buildings insurance. If he burns your house down it’s your responsibility to ensure it’s insured.

ChicCroissant · 12/03/2019 23:24

Don't charge rent. Just repeatedly tell him he has to leave and if you are really not prepared to go to court for this (and let him know how much it would cost him if you do) look into changing the locks and putting his possessions outside. But do not give him any rights as a tenant by accepting rent. Speak directly to his solicitor if you have to.

vdbfamily · 12/03/2019 23:24

How about you swap properties and he pays rent to your current landlord and you get the house??

whatamidoingwithmylife · 12/03/2019 23:24

Some years ago we were in a similar position - my mum bought a house and the vendors refused to move out because their new place wasn't decorated how they wanted it so expected us to wait until they felt like moving out.
We'd already completed the sale on our house which left us effectively homeless. They weren't intending to pay us anything at all for staying in the property so I'm surprised you've been offered something by this guy.

We ended up living in a caravan for weeks. The only thing that shifted them was strongly worded solicitors letters (luckily my mum knew one as there was no way we could have afforded to take them to court or pay for proper solicitor fees). They were threatened with court and that they would be expected to pay all costs.
One night they just did a moonlight flit, leaving all sorts of crap behind.

I hope you can find a way to get them out soon. I remember been shocked that we could do so little being the OWNER of the property.

Easterbunnyiscomingsoon · 12/03/2019 23:26

Get the utilities cut off tomorrow.

Doubletrouble99 · 12/03/2019 23:27

I'd ask my solicitor how much court action would cost then get them to contact his solicitor and tell them he has to be out immediately or you will take him to court and he will be charged your court costs.
Remember you won't have to pay the solicitor or costs for this up front and they can be paid by him if I goes that far.

HazelBite · 12/03/2019 23:47

Definitely get in touch with your insurance company, they may be able to advise you, whether or not they can cover any initial costs

CantStopMeNow · 12/03/2019 23:48

it's legally YOUR house now so just break the door/get locks changed and move in - then chuck his stuff out.
video the whole thing as proof.

job done!

HennyPennyHorror · 12/03/2019 23:52

Meow that's terrible advice and will get OP arrested.

OP don't use force. Unfortunately, the law is on his side.

appleandpears · 12/03/2019 23:59

OP- was this a private sale? I’m in Scotland, have bought/sold many properties over the years, never have I phoned the vendor direct to arrange to pick up the keys...it’s all done via lawyer. Also, once missives completed lawyer (in Scotland) still do the negotiation for entry date and the vendor is no longer the legal owner. Any decent lawyer would not have abandoned you at this stage, as their fee would still be at stake. Also, lawyer should/would have known before now re any red flags on vendor side. Unless I’ve missed it, why did your lawyer say they couldn’t help? Are all the monies fully exchanged? Your lawyer is at fault here, big time when it comes to the Scottish house purchase system. Might be useful for you to post on Scotsnet too.

WeeM · 13/03/2019 00:11

Also in Scotland and I have never heard the like, not doubting you-just astounded! I would also be very wary about accepting money from him but like pp said, I would be expecting my solicitor to still be communicating with his solicitor to try to sort this out. I would be livid that I would be expected to be out of pocket even further to resolve it. What about the meter readings that you normally take on day you move in for example...are you also gonna be paying for his heating and electricity?! Sorry I have no real practical advice but I feel for you and hope you get sorted soon.

Ariela · 13/03/2019 00:18

I assume you have arranged household insurance for your new property. Check the policy,as you may be covered for legal fees on the policy.
That should cover your court costs.

Nat6999 · 13/03/2019 00:25

I would speak to the solicitor who handled your sale, tell them to sort it, that's what they are paid to do. Ring them first thing in the morning.

snitzelvoncrumb · 13/03/2019 00:47

I would be careful about breaking in, you could end up being sued. I would go and talk to him and tell him no he can't stay, you will take him to court then sue him for costs.

mrs2468 · 13/03/2019 06:28

@appleandpears what red flags would a solicitor actually find during searches and negotiating an entry date. Presumably the vendor and his solicitor agreed the entry date as they would sign the legal docs. Not quite sure why the lawyer is at fault here. Although I do agree regarding the keys.

@Mirrorimage2345684 get the vendors solicitor details from yours contact them directly see if they can speak to him to tell him he's in breach of contract.