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?

Remember you bought the house and have given him the money for a vacant property.

If you were buying with a tenant (no matter how long the tenant was going to stay)
the price of the property would have been far less.

This isn’t about him paying rent but he has misrepresented what he has sold you.

FWIW friend had a home invasion and ended up barricading herself into a bedroom whilst multiple armed men ransacked her home.

She was injured and despite dialling 999 whilst the incident was happening the police didn’t come round until an hour later.

I wouldn’t worry about police even attending let alone telling you that you can’t break in.

I’d call the police back and say someone broke into your house, which is true. Or get a locksmith to btake out existing locks.

I am so sorry you are in this situation, it is just awful.

Think I would watch the house until he left and then innocently change the door lock. After all he wasn't at home and the house is yours.

If he breaks in, get him done for breaking and entering.

No way would he get a penny off the courts. As long as there was no violence and you didn't purposely damage his stuff.

Once you and your stuff is in the house and the locks changed, he will have to move.

DrinkFeckArseGirls

If only it was that simple.

The police aren’t interested that’s why I think changing the locks and taking physical possession is the way to go.

Let him scrabble around to find a place to stay.

Tell him to organise a removal firm to put his furniture in storage if he hasn’t got anywhere else to go.
Give him a few days to do this and tell him if his stuff isn’t removed within this time limit then you will be taking possession of it.

Have you got a key
Was it a private sale
Have you contacted your insurer
Have you instigated taking him to court
Have you said "no, you need to move out"

Surely it's the vendor's solicitor that is in the wrong here - they are the ones that would have given an assurance that the property would be vacated, not the OP's solicitor? Which was why I suggested speaking to them upthread.

As I said earlier, let him know this is unacceptable - I think he does know really and is playing you, but if you make it clear to him then you have that evidence to fall back on.

Keep a note of any additional expenses and send them (I'd send them daily tbh) to the vendor's solicitor so he knows how much of a bill this chancer is racking up.

How you getting on OP?

😱😱😱 What an awful
Situation. Hope you get it sorted

If you went in with keys and let yourself in, you don't have to get physical with him or even acknowledge him. Furniture, kids, then start cooking. Then when he eventually goes out, you change the locks. No argy bargy, no violence...

If he's the vendor not a tenant, why would he think he could stay?if he's not a tenant, there's surely nothing to lose by entering and removing his stuff.

Op I will quite happily bundle dh +4 strapping ds's in my car today.....
I am raging on your behalf.

We dont know if it's a private sale - the OP is rather sketchy with details

This sort of happened to us when we moved, but for around 4 hours. We were in a chain and had 1 van at the new house with half a load at our old house waiting for the 2nd trip. Our buyers ended up moving their stuff in and putting our stuff in their van. We had to pay their removal team as well.

My new house had the previous owner in, barricaded the door because he wasn't ready. After about 3 hours he started moving things in to the garage and said he'd keep the key and drop it back when he was moved properly. It took 4 hours to get in. We had nowhere else to go if he had not left, so I was pretty relieved actually!

It was the estate agent that talked sense in to him in the end. Try them.

I was moving but on my own with ds7 and ds2, so no help. My buyers arrived and helped me put my furniture in their van, and drove it to my new house (only a mile away).

Excellent news everyone, he is gone!! We threatened legal action which made him get a move on and his solicitor told him to get out so no need for confrontation. Apparently he was shocked that we weren’t letting him stay. Other people’s stupidity never fails to amaze me.

I think OP we are struggling to understand why you (or partner/friend/randommumsnetter) are not on the doorstep of your new house all day.

Very happy to see your cross post!

Great news!

Great news.

Some people really are just cheeky fuckers.

What an idiot. Also shows how lacking Scottish law is. In England the police remove trespassers to domestic properties. I’m glad you got him out easily enough.

Great news!

Make sure you change the locks. He strokes me as the kind that would ‘pop back’ for x y and a reasons.

Good news, OP!