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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:
mummmy2017 · 13/03/2019 07:58

Arrange to meet him at his solicitors, just wait till he goes out, and go over instead, change the locks.. you then owe the house, he will be breaking and entering, if he gets in.
Tell him you are willing only to let removal people enter the house, to take his items for storage.

catzrulz · 13/03/2019 07:59

Found this OP, hope it is some help to you.
www.askthe.scottish.police.uk/content/Q718.htm

LarryGreysonsDoor · 13/03/2019 08:05

How dreadful.
I guess though we only ever have someone’s word for it that they will leave.

I agree with others though that you have to go to court. Do you have legal cover in your home insurance?

Original poster
Mirrorimage2345684 · 13/03/2019 08:07

Thank you catzrulz that is helpful

OP posts:
Youcangoyourownwoo · 13/03/2019 08:08

Can we talk about insurance?! How can you not see how big a problem this is? Why are you not at the door telling him you have no where else to go?!

Original poster
Mirrorimage2345684 · 13/03/2019 08:19

Are you serious? I don’t know how big a problem this is?

OP posts:
LIZS · 13/03/2019 08:25

Is the property already insured for mortgage purposes? If you have a mortgage you need to inform them it has not been concluded with vacant possession . If he damages the property or fixtures now are you covered?

user1483387154 · 13/03/2019 08:28

Have you contacted the police yet?

Original poster
Mirrorimage2345684 · 13/03/2019 08:34

The police aren’t interested, it’s a civil matter. Agree re informing insurance

OP posts:
UnexpectedItemInShaggingArea · 13/03/2019 08:35

He's counting on you to be wrong footed, polite, nice, sympathetic and to be fearful of legal fees.

Don't be any of those things. Grey rock with your feelings and steely with your resolve and actions. You could get this sorted today or it could linger for months.

Fishwifecalling · 13/03/2019 08:36

You have no choice but to start legal proceedings.- preferably through your insurance company, unless you want to try taking over the house as suggested. I think I'd be too nervous to do that though.

Berthatydfil · 13/03/2019 08:39

What if you go round to discuss the situation and refuse to leave ?

Missingstreetlife · 13/03/2019 08:40

May end up suing solicitor who handed your money over. Get some proper advice. Nightmare.

AlexaAmbidextra · 13/03/2019 08:54

Honestly? I’d get in the house any way I could, put him and his possessions out and deal with the legalities if and when they arose.

spugzbunny · 13/03/2019 08:58

I think you really need to check if you can legally enter when he is out by force and change the locks. I suspect you can. I don't think he has tenants rights because he is not your tenant and he's only been living in your property 24hrs.

Speak to your solicitor and ask this question

Then call your insurance and ask if you have legal cover and ask the same questions.

Do not, in any circumstance, accept rent.

Start court proceedings ASAP, you can always cancel them if not needed but you need to get the ball rolling. You can claim the costs back under your contract.

HotpotLawyer · 13/03/2019 08:59

Why did the solicitor send the money when there was not vacant possession nor any sign of it?

Were the Estate Agents not involved?

SlinkyDinkyDoo · 13/03/2019 09:05

Fuck that shit. I second what previous poster said about getting in and getting him out. There is no way I would be nice about this. My husband is not aggressive but he would be bashing in the door and turfing this man out pronto. Fuck the police.

Xenia · 13/03/2019 09:08

Well beter to use lawyers but if you can't as you own the house can you not just go in there ideally whe he is out and move in. Move as much of his stuff to the hall way and if he insists you need a court order to ghte him out just share with him until he cannot stand you all in there any longer. I am not sure what Scottish law would say about moving into a house you own however.

RestingBitchFaced · 13/03/2019 09:09

The police aren't interested? Then go round there, change the locks and chuck him out. Cheeky fucker, I would be furious

xtinak · 13/03/2019 09:11

Can't see how the police wouldn't be interested if you follow the steps in that link from catzrulz i.e. get a written declaration, enter and ask him to leave, meaning it would be a criminal offence if he then refuses. Isn't that right?

SileneOliveira · 13/03/2019 09:11

Why did the solicitor send the money when there was not vacant possession nor any sign of it?

Why would the solicitor check that? Out of 10,000 house sales, 9,999 people understand that selling your house means you have to move out. The solicitors do not drive over to check that someone is physically moving. Neither does the estate agent.

We have sold several houses and have had two occasions when the solicitors were really on the ball and the money transfer went through early, about 10am. We were still moving boxes out so technically not "vacant possession" but not an issue. This is a totally different scenario.

Good luck with the solicitor today OP, time to get really hard on this cheeky fucker.

If you post the area of Scotland you're in, I'm sure we could whip up a few mumsnetters to pop round and make a nuisance of themselves outside your new home...

Omgineedanamechange · 13/03/2019 09:13

FFS this is riduculous. As everyone is telling you, you can claim costs back from the CF so You Will Not Be Out Of Pocket!

HJWT · 13/03/2019 09:43

Some people are crazy

Bookworm4 · 13/03/2019 09:49

This guy is not naive or unaware, he's managed to engage solicitors, sell a house; he's a chancing bastard. He's assuming you're too nice to challenge him, go round tell him he has until 3pm to vacate the property, go back at 3 and change the locks. He has your £££ ffs

Oliversmumsarmy · 13/03/2019 10:08

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

You won’t be.

Don’t forget the rent you are paying now will have to be reimbursed by him so make sure any of these extra expenses are itemised.

Extra petrol, time as well as legal fees.

I would be going round under the guise of talking about rent.

Once in the door I would talk about the rent he owes you for your having to rent a property. Then I would refuse to leave.

What is he going to do?

Call the police?

As you said the police aren’t interested and if they did come round you own the house and this guy needs removing because he is trespassing on your property