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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:
Original poster
Mirrorimage2345684 · 13/03/2019 06:35

Thanks for all the advice everyone. I’m going to phone the lawyer again this morning. Breaking in/ changing locks is not an option, I’m not willing to risk getting myself into trouble. Cutting off the utilities is a good idea.

I don’t see how the lawyer is at fault, he couldn’t have known this would happen. I’m going to look into court action but it sickens me that I’ll be out of pocket because of this.

OP posts:
Original poster
Mirrorimage2345684 · 13/03/2019 06:38

Yes we have insurance.

OP posts:
circlemat · 13/03/2019 06:48

That's crazy, can't believe someone would do this 🤦‍♀️

user1487194234 · 13/03/2019 06:50

You should be able to claim at least most of your costs from the seller
The seller's solicitor will not be able to speak to you
It is probably unlikely to actually end up in court and even more unlikely to be a long drawn up case
I would think your solicitor will write a strong letter to his solicitor threatening court action,costs etc and he will then move out,paying your additional costs
If that fails a court writ will be prepared and served
That's not too expensive
He is unlikely to defend it,as there is no defence
Speak to your solicitor
He might need to refer you to another solicitor if your solicitor doesn't do court work
Are you dealing with a solicitor or a paralegal

Tunnockswafer · 13/03/2019 06:51

I’m still amazed that changing the locks on your own house could be seen as a problem. I would not use force nor touch his stuff but I would be sitting in the house (or in my new garden, if I couldn’t get in) and making sure his life was awkward until he got the message. He is hoping you just fade away OP.

Yogagirl123 · 13/03/2019 06:53

Never come across this situation before, what does the lawyer who handled the purchase advise?

LIZS · 13/03/2019 06:54

Did vendor have a solicitor? If so yours needs to write to him advising his client is in breech of contract.

GabrielleNelson · 13/03/2019 06:57

Surely you'll get the costs back from him? And as others have said insurance might cover it. Good luck.

FindPrimeLorca · 13/03/2019 07:04

If it does come to court you should be able to reclaim costs: you know he has money to pay because you just gave it to him. Might be possible to get No Win No Fee from your solicitors.

appleandpears · 13/03/2019 07:05

@Mrs2468 Op- re your lawyer. Conversations that take place about onward moves/agreeing entry date around the onward move. A good lawyer would have picked up-from vendor’s lawyer- any stalking etc. I’ve bought a place when the families onward purchase fell through at last minute, literally 24 hours before agreed move in date- they still had to move out and my lawyer held back with money until guarantee they were! It stalled by one working day to enable them to rearrange accommodation. My point is, they still had to move out and my lawyer worked for us until all sorted. You have been left in a dreadful situation by your lawyer. Good luck with sorting, OP.

appleandpears · 13/03/2019 07:06

‘Stalling’ not stalking Shock

MyOtherProfile · 13/03/2019 07:13

Has your solicitor contacted his solicitor?

I like the suggestion of going round to "discuss rent" and then not leaving.

MyOtherProfile · 13/03/2019 07:14

I would also go and speak to the police today.

Murphypoint · 13/03/2019 07:16

Well there is breach of contract for a start and that should be in your missives.

I my understanding correct? Missives are concluded and your date of entry was yesterday?

You are correct in saying your solicitor can’t do much in terms of getting the guy out but he has to call the sellers solicitor and speak with them.

Do not under any circumstances discuss rent with the seller.

You will also need to take advice regarding standard clauses (the document that includes breach of contract terms) for the 5 days to report any faults. If he doesn’t move out and this goes over 5 days then you need to be sure what come back you have regarding any faults, ie with the boiler etc.

ApolloandDaphne · 13/03/2019 07:18

I think you would be able to claim back any legal costs from him once you are in

EggysMom · 13/03/2019 07:22

Start recording your additional costs separately - ask your solicitor to bill this separately, include the actual court costs, keep a note of the additional rent you are paying (your current LL can evidence this). When you then do take him to court, claim your costs as well - you've just paid him a load of money for the house, so it's not as though he cannot afford it.

Personally I'd go for the option of arranging to meet with him (maybe under the impression that you want to discuss rent), one of you meets him at a neutral location and keeps him busy, whilst the other goes straight to the house to meet with a locksmith and change the locks!!

MaybeitsMaybelline · 13/03/2019 07:22

How can you, cut off utilities not in your name? How do you know who the service provider is?

Original poster
Mirrorimage2345684 · 13/03/2019 07:25

Murphypoint yes you understand correctly. Good advice, thank you.

OP posts:
Katisha · 13/03/2019 07:28

If they are clueless, would a soliditors letter threatening court action get them to understand?

Waterfred · 13/03/2019 07:34

Utilities off, locks changed.

FrozenMargarita17 · 13/03/2019 07:44

I hope you'll ring your insurer today op.

crosspelican · 13/03/2019 07:46

Good luck this morning!

rumptifizzer · 13/03/2019 07:49

Not sure of the law in Scotland but ring the police as they are in your property without your permission.

UnexpectedItemInShaggingArea · 13/03/2019 07:49

OP don't hold back. This is not the time to be timid. But you can resolve this without getting into trouble.

Legally you can:

Enter and stay in the property, for as long as you want with as many people as you want.
Change the locks.
Cut off utilities.
Move any contents out.

Start down the legal route by all means but first thing this morning you need to show this man that you mean business, that you are not to be messed with and that he has to go, now.

Where he goes is Not Your Problem. Repeat. Not Your Problem. The only thing you owe him is the purchase price of the house.

Oliversmumsarmy · 13/03/2019 07:52

We can not afford legal action

You won’t be paying so this is something you can do.

Why didn’t you call the police immediately