Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Occupier's rights during (and after) a house sale

138 replies

Samantha8027 · 15/12/2021 14:25

I wonder if anyone can help me with a tricky legal issue surrounding the rights of occupiers during (and following) a house sale.

My friend was recently 'forced' to move home when her parents sold their property. She's over 18, and she lived there with her mum and dad. Although she did not have any formal tenancy or rent agreement, she'd occupied the house for all of her life (since she was born) and paid (ad hoc) towards the upkeep/maintenance of the house, as well as her share of the household bills (I think she paid a third of these).

The contract of sale (incorporating the Standard Conditions of Sale, Fifth Edition) was signed by both my friend's parents and completion then successfully took place.

Sometime after the sale, my friend discovered that the Contract included an additional clause - specifically, Special Condition 7: "Occupier's consent". Special Condition 7 provides for named occupiers of the property (that is, any adults in occupation of the property other than the seller/s) to sign the contract to confirm their agreement to the sale and to release any rights they might have in the property and any fixtures and contents included in the sale.

It states as follows:

"Each occupier identified below agrees with the seller and the buyer, in consideration of their entering into this contract, that the occupier concurs in the sale of the property on the terms of this contract, undertakes to vacate the property on or before the completion date and releases the property and any included fixtures and contents from any right or interest that the occupier may have.

Note: this condition does not apply to occupiers under leases of tenancies subject to which the property is sold."

Below this, my friend's name was printed and there was space for her to apply her signature to give consent.

At no time did she sign the contract or give her consent to the sale. In fact, she was never actually made aware that her signature was requested/required. She was never shown the contract, or asked to sign it, by either of her parents. Indeed, she believes that this was deliberate; she was not supportive of the sale and would very likely not have given her consent or applied her signature if she'd been asked to.

As a result, she believes that the fact this clause was withheld from her might have been intentional. She was explicitly told that her consent was not needed and that he did not have any "rights" as an occupier. In fact, she was told that, despite her own unwillingness to move home, it was simply "tough luck".

Sadly, from her perspective, this clause has only come to light after the fact. The house has now been sold, and both she and her parents have left the property; the buyers have since moved in.

Upon learning about this clause, she asked for some informal legal advice and was told that it was very likely the case that, by moving out, she has effectively made the clause redundant, despite never having signed it. It appears that, had she known about it at the time, staying put and refusing to sign the contract would have been her best option.

She feels - and I think not unreasonably - that she has been deceived and treated unfairly. She is currently thinking about exploring any legal action she might be able to take.

I am wondering if anyone has any advice on the following:

(a) Does anyone know exactly what the consequences would have been at the time had she known about the clause in the contract, refused to sign in and then declined to give her consent to the sale or leave the property? How far do occupier's rights actually extend? What rights, if any, would she have had to remain there and would this have had any impact on the sale of the property?

(b) Acknowledging the fact that she has now left the house and effectively made the clause redundant, what (if any) are the implications this clause being withheld from her? My friend is very clear that she did not know that she had the right to pro-actively withhold her consent. In never having the clause presented to her, she feels she has effectively been 'tricked' into vacating the property.

(c) What legal redress do people think she would have in this case? She also finds it strange that the solicitors who managed the sale of her parents house did not query or question why she had not signed her consent, given that they inserted the clause (with her name) into the contract.

(d) If there are any implications stemming from the above (and there may not be), what repercussions would (or could) there be for the people who bought the house and who now live there?

OP posts:
thetinsoldier · 15/12/2021 14:30

Did she own part of the house? I'm assuming not. If not, selling it was the owners' business (eg her parents), nothing to do with her.

I'm amazed that she was listed in the sale as an 'occupier'. I've never heard of that before.

How old is she? I'm sorry that she didn't agree with the sale, but if she's not the home owner, I don't think there's much she can do to change things now. She could ask a conveyancing solicitor about the contract and why she was listed in it then not asked for her signature.

SW1amp · 15/12/2021 14:34

So your friend wanted to sabotage the sale of her parents house, where she had lived rent free bar chipping in for some bills?

And now she has found out that she could have sabotaged it but didn’t, she wants to seek revenge and recourse?

Your friend sounds utterly unhinged and should focus her energy on settling into her new home, rather than being so childish and entitled

The form is there to ensure the purchasers get vacant possession.
They’ve got it, the house is theirs
What possible recourse could she want? Them to give the house back and have a do-over where she fucks up the sale?

bhsjaoiremansjdleoo · 15/12/2021 14:37

Wow

Blossom64265 · 15/12/2021 14:41

So you are claiming that there is some loophole that allows children aged 18 and over still living at home to block the sale of the family home. That would essentially make every child a partial owner of their parent’s home the day they turned 18 because the child could simply refuse to sign without compensation. If such a loophole really exists, the government needs to take action immediately.

SilverHairedCat · 15/12/2021 14:42

Your "friend" is an arse. They need to stop sponging off mum and dad.

The clause is normal, I've seen it on my own house sale and only I lived in it and only I owned it.

It's so the buyers aren't caught in the middle of the exact shite your think your "friend" should now do.

Samantha8027 · 15/12/2021 14:42

@SW1amp

So your friend wanted to sabotage the sale of her parents house, where she had lived rent free bar chipping in for some bills?

And now she has found out that she could have sabotaged it but didn’t, she wants to seek revenge and recourse?

Your friend sounds utterly unhinged and should focus her energy on settling into her new home, rather than being so childish and entitled

The form is there to ensure the purchasers get vacant possession.
They’ve got it, the house is theirs
What possible recourse could she want? Them to give the house back and have a do-over where she fucks up the sale?

I think it is more a question of whether a contract requesting or requiring her signature not being presented to her (and arguably actively withheld from her) has any legal implications.

I don't think it's my place to comment on her character or anything like that, my reason for asking the question was to see whether her rights have been infringed upon or not.

OP posts:
hesbeen2021 · 15/12/2021 14:43

And I think that's probably the best example of someone being entitled as I'll ever see

PiglingBlonde · 15/12/2021 14:44

Was the house registered at the Land Registry? Was she registered as an owner?

NynaeveSedai · 15/12/2021 14:45

Apparently this is normal in house sales but I highly doubt she could have prevented the sale of the house.
More to the point why would she want to? It wasn't her house.

Wombat69 · 15/12/2021 14:49

You need a proper property lawyer to answer this but basically people living in a house can have equitable rights.

So she should have signed to say she was happy to move out (or not), as she's over 18 and was resident. That should have been picked up by the solicitors.

IncompleteSenten · 15/12/2021 14:50

So she wants to know whether she might be able to get some cash from someone because her parents sold their property while she was living in it because she'd never stood on her own two feet?

I'd be surprised if there was a law for that.

Did she move to her parents new property or did they sell up to force her to make her own way in the world?

I think she should let it go. She was old enough to take care of herself and she had no rights over her mum and dad's house.

KittenCatcher · 15/12/2021 14:51

Was she seriously going to obstruct the sale of her parents house. What would she have done if she had signed it, refused to let them sell the house they worked hard for, refused to move out.

Dindundundundeeer · 15/12/2021 14:53

This is a normal clause. As she moved, she accepted it. The signature is to stop someone claiming tenancy rights.

AmIgoinghomeforXmas · 15/12/2021 14:54

She wants to sue her own parents because they sold the family home she was living in as an adult against her wishes?

Leaving aside the morality of the situation the sale has gone through. Assuming she wasn't a part owner of the house but merely an adult occupant at the the time I'm not seeing what redress she would now expect.

The sale went ahead without her signature so it wasn't an essential part of the sale.

Agreeing to vacant possession is important for house sales but your friend wasn't an owner or tenant so didn't have any rights to live there.
If she tried to block the sale her parents could have simply changed the locks and put her stuff on the street.
Tenants have lots of rights, lodgers very few and overgrown children none.

purpledagger · 15/12/2021 14:57

My Mum moved house when I was 18 and my sister was 16 and both living at home. As an adult, I had to sign something to say that I would leave the house on completion, which of course I did - I'm guessing it's so that the new owners don't end up with a squatter.

Given that your friends parents have already moved, I wouldnt imagine that your friend has any recourse, as they willingly vacated the property.

helpfulperson · 15/12/2021 14:59

It's the fact that she is listed and there is a space for her signature but she didn't sign thats the concern. It suggests that for 5he sale to go ahead either this has been overlooked or her signature has been forged. Has she asked her parents?

Presumably if noone thought her name should be there it wouldn't have been listed.

QuitMoaning · 15/12/2021 15:00

When we remortgaged our house my (young adult) son had to sign a form declaring that he had no financial interest in the house despite living here. When querying it I was told that as an adult he could refuse to vacate and therefore in the event of the mortgaged not being paid the mortgage company could have problems repossessing.

However this wasn’t a sale but a remortgage.

AtLeastPretendToCare · 15/12/2021 15:01

These clauses are to give purchasers comfort that any non-sellers who live there are aware of the sale and know they have to go. Asking someone to sign doesn’t mean the purchaser is agreeing that the “occupier” has any rights over the property. The purchaser can go ahead without any occupiers signing.

Your friend has not been tricked by anyone into leaving.

Samantha8027 · 15/12/2021 15:01

@Wombat69

You need a proper property lawyer to answer this but basically people living in a house can have equitable rights.

So she should have signed to say she was happy to move out (or not), as she's over 18 and was resident. That should have been picked up by the solicitors.

Thanks for the answer. She seems certain, from conversations she has had and the informal legal advice she's obtained, that she should have been asked to sign the form and had the right to refuse to move out. I agree that the solicitors should have picked up on this.
OP posts:
Samantha8027 · 15/12/2021 15:03

@helpfulperson

It's the fact that she is listed and there is a space for her signature but she didn't sign thats the concern. It suggests that for 5he sale to go ahead either this has been overlooked or her signature has been forged. Has she asked her parents?

Presumably if noone thought her name should be there it wouldn't have been listed.

Yes, that is exactly the point. Her signature has not, to the best of her knowledge, been forced. The space in which a signature should have been placed remains blank. That suggests that it has been overlooked, either intentionally or accidentally. You are right that her name was listed, and so there must have been a reason for that.
OP posts:
BaronessEllarawrosaurus · 15/12/2021 15:04

There are adults who have legally the right to occupy a house, ie a married spouse who is not named on the deeds and the clause is aimed at people in that situation, as someone has previously mentioned all the parents needed to do if she refused to sign was to change the locks and refuse to let her in. She had no right to occupy.

AmIgoinghomeforXmas · 15/12/2021 15:05

She could have refused to move out, people can refuse to do most things.
But she wasn't a tenant in the property and her parents could have removed her from the house while they were living there and continued with the sale.
You don't have a right to continue living in your parents' home as an adult against their wishes.

Samantha8027 · 15/12/2021 15:06

@hesbeen2021

And I think that's probably the best example of someone being entitled as I'll ever see
I don't necessarily disagree with this, and I have some issues with the morality of the situation myself, but entitled people still have rights under the law.
OP posts:
KittenCatcher · 15/12/2021 15:06

wilson-nesbitt.com/general/occupiers-consent-form/

Swipe left for the next trending thread