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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:
Reallyevilmuffin · 14/03/2019 17:54

Did he not sign something saying he will leave property on date X?

iklboo · 14/03/2019 17:55

He's gone. OP updated a while ago.

Tigerlilly17 · 14/03/2019 17:55

You should have home insurance? Do you have legal cover as this would cover your costs etc

pomers · 14/03/2019 18:02

Could you get a locksmith to change the locks as it is legally your house?

pomers · 14/03/2019 18:03

Alternatively would your mortgage provider support you with a court action as they have an interest in the property?

iklboo · 14/03/2019 18:07

HE HAS MOVED OUT

TheInvestigator · 14/03/2019 18:08

For God's sake... READ THE FULL THREAD! It's sorted. He's gone.

Knittedfairies · 14/03/2019 18:13

A good update OP. Enjoy your new home...when you've got the locks changed.

inthedistanceIsee · 14/03/2019 18:16

Not read full thread but I would not accept rent from him. The law changed last year in Scotland to give tenants more rights. You can only evict on specific grounds (thought one of these is that you want them out so that you can move into the property....)

Notwiththeseknees · 14/03/2019 18:19

Cancel the cheque? Grin

MaxNormal · 14/03/2019 18:27

You're very lucky he went. If you went down the eviction route it might have taken months.

BillyGoatGruff007 · 14/03/2019 18:27

Stifledlife - You can't reason with stupid.
Just wondering how folk as stupid as this manage to read and sign the legal documents required to buy the ruddy property in the first place.

MrsPinkCock · 14/03/2019 18:42

Great news OP but I am still Shock at the CFery!

I’m a lawyer and I’m ashamed to say in this situation all professional ethics would go out the window. I’d be changing the locks and entering the house by any means. If he became aggressive I’d call the police and they’d have to remove him. What else would they do? 🤷‍♀️

Then his shit would be on the front lawn!

Beggars belief. Hope you enjoy your new home.

macblank · 14/03/2019 18:52

We thought a similar thing once....

We had waited until new year our house moving date, but when we arrived late in the afternoon, the house wasn't packed/boxed up, it was just a "normal house".

Our movers told us to call our solicitor, who in turn rang theirs, and rang us back. He.told us, we own the property, and if we want, we can call the police as they were now trespassing, and dwelling in a house that they're not entitled to.

An hour later they arrived back to the house... Oh sorry we thought it was next week... So a little different, but "legally" the same.

£60 will get you a high court sheriff (think, can't pay won't pay TV program) who'll remove him.

Chocolatedeficitdisorder · 14/03/2019 18:58

OP, you've got to cancel the cheque immediately!

Oh wait...

Enjoy your new home Grin

Purplegecko · 14/03/2019 19:29

I actually feel a bit sorry for him being that dense... How do you sell a house and not realise that you actually need to find somewhere else to live and move out?! Glad it's sorted OP, enjoy your new home!

manicmij · 14/03/2019 19:33

If money was transferred to the vendor (usually via his/her solicitor) by your solicitor, the keys should have been delivered to your solicitor at that time usually by mid day on the transfer day. Your solicitor should have ensured keys were made available at the time of money being transferred. That applies to Scotland. It only takes a press of a button to transfer the funds. Suggest you contact police as person is there illegally. You can charge for time you have been barred from your property and for any cost involved in clearing any belongings he leaves. Does he have any mental issues? May be a factor in any action allowed buy then his solicitor should have dealt with that when approached to act for seller.

Mixedupmummy · 14/03/2019 19:37

seconding the pp saying your solicitor should have ensured keys were available to you. I've been a conveyanicng solicitor in Scotland for over 10 years and I've never heard of this happening! Shock

iklboo · 14/03/2019 20:04

I give up.

HE HAS ALREADY GONE

LynetteScavo · 14/03/2019 20:12

We once told sellers (casually, in passing) we probably weren't going to sleep in the house on the day we completed, so they thought they didn't have to move out that day....Er, no. Just because we were renting didn't mean we hadn't sold a property to buy and had a van load from that house to move in to the new house. We picked up the key from the agents, only to discover they hadn't finished packing.

It was a bit awkward, but they did eventually get everything packed up and leave late in the evening.

Some people are just odd. They did manage to take every light bulb, though.

Cookingclass · 14/03/2019 20:29

Call the police. This is the same as someone trespassing on your property.

Rachand23 · 14/03/2019 20:33

Your solicitors should have advised you a sum of 4% of value is payable per day should someone not vacate a property. Speak with your solicitors.

user1487194234 · 14/03/2019 20:48

The 4% thing is not the case in Scotland
Interest is payable by the purchaser to the seller for late payment but not vice versa
Purchaser claim is for reasonable losses but in this case there were not any I don't think

TheInvestigator · 14/03/2019 20:50

He left the house!!! The thread is 9 pages in! Did you not think it might have moved on a bit? RTFT!!!

CoffeeCoffeeTea · 14/03/2019 21:54

Hi OP, I hope you can now relax and enjoy your new home. Flowers