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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:
oneglassandpuzzled · 15/12/2021 18:30

How much ££ is she after?

EezyOozy · 15/12/2021 18:57

She lived in her parents house for peppercorn digs contributions, and they wanted to sell their own house and move, and she didn't want them to, and now she wants to take some kind of legal action ?!!!! 🤣🤣🤣🤣🤣

Rainbowshit · 15/12/2021 18:58

Wow! She sounds like an awful person.

RB68 · 15/12/2021 19:02

fundamentally she HAD rights prior to moving out, ignorance is no defence in law so the fact she was unaware of the situation is her own fault and she has no redress once moved out. Yes she should have signed, if she didn't want to sign the next move would have been to go to court to get a judgement and it could go right through to removal by police should she have decided not to comply with any ruling asying she should leave.

Her case would have been straonger to avoid the ssale of the property had she equally contributed to mortgae and bills consistently and had evidence of that

We don't know all the ins and outs and it may have been she felt the proeprty was the best one for her paretns with their care needs and she might have been assisting with those etc. However they have now made her homeless so I wouldn't be having anything to do with parents at that point. She may also just have been a cheeky fucker, she may also have been a child with extra needs we dont know

KittenCatcher · 15/12/2021 19:16

How could she be tricked, did she seriously not notice that the house was up for sale.

MalbecandToast · 15/12/2021 19:27

Jesus, this hands down has to be THE most entitled post I have read on here in YEARS! Shock

SW1amp · 15/12/2021 19:40

@MalbecandToast

Jesus, this hands down has to be THE most entitled post I have read on here in YEARS! Shock
Isn’t it!

And the OP backtracking about their relationship and the friend being a ‘little madam’ after the verrrry detailed point by point original question isn’t ringing true

IncompleteSenten · 15/12/2021 20:47

Why are you helping her by trying to find info?
I'd tell her she's being ridiculous and if she wants to know anything then she should find out herself.

DaisyNGO · 15/12/2021 20:55

@IncompleteSenten

Why are you helping her by trying to find info? I'd tell her she's being ridiculous and if she wants to know anything then she should find out herself.
I'm interested to know the points of law so I'm invested 😂
KittenCatcher · 15/12/2021 20:59

Its cheaper to get info here than pay for a solicitor😟

FitAt50 · 15/12/2021 21:23

Your friend is everything thats wrong with this generation.

DaisyNGO · 15/12/2021 21:27

@FitAt50

Your friend is everything thats wrong with this generation.
We haven't been told her age. She could be 18 or 65 or anything.
torquewench · 15/12/2021 21:34

OP did your friend's parents move to a one bedroomed apartment by any chance, or just not tell you her where they've moved to?

MajorCarolDanvers · 15/12/2021 21:44

Your friend sounds like a right piece of work.

Sidehustle99 · 15/12/2021 22:07

Please tell me she's not still leaching off her parents in the new place while plotting this. How old is she?

Your last update:
Although knowing her as I do, she is highly unlikely to simply "move forward"; I suspect she will explore whether she could be considered to have had a beneficial interest in the property. She will not give two hoots about the extent to which this damages her relationship with her parents.

Your friend is a bit of a monster really. Unless she has substantially remodelled bathrooms, kitchens or extended the property personally - and I don't mean redecorating her bedroom, then she is completely out of order.

I would run away from this one if I was you.

Hope478 · 15/12/2021 22:17

OP, find some less entitled friends. The end.

vivainsomnia · 16/12/2021 10:57

Your friend is confusing matters. That clause is not there to protect her in anyway but to.protect the buyers.

It's to insure the buyers don't face any problem with someone refusing to leave their home.

She moved though so it's not an issue for the buyers therefore there is nothing to fight.

She needs to move on.

Change123today · 16/12/2021 11:18

When I was 19 parents selling their home, I moved our just prior to the sale going through (a few weeks before) I remember the solicitor mentioning something to my parents about me signing something but me moving out before the sale meant it wasn’t needed.
Did she move out before the sale? Or did they all move out the same day?

But agree with others get nicer friends!! I paid my parents rent didn't mean I was entitled to anything other than a roof over my head!

SinoohXaenaHide · 16/12/2021 13:07

I think this "friend" is under the mistaken impression that the signature that her parents failed to get her to sign was somehow for removing some kind of right of occupation that she was trucked into surrendering. However this is not the case. She had no right of occupation. If she had failed to leave her parents would have been sued whether or not she had signed. If she had signed, she would have also been a co-defendant in the court case.

ExConstance · 23/12/2021 11:24

These clauses were introduced many years ago because there were some cases where individuals, mainly older people who might have lost mental capacity, did have an interest in the home they shared with family members. Typically these individuals had contributed towards the purchase price on the basis that they would be able to live their lives out in the house, and they had a beneficial interest. In these cases the purchasers noticed the person in the house but th;ought the;y were a visitor only to discover they were still there on completion and did have a right to be. From then on it is generally the case that anyone living in the house with the vendors who is over 18 is asked to detail the nature of t;heir occupancy and agree to move out on completion. The changes were brought in to protect the vulnerable - not protect self entitled young oiks!

RowsOfHolly · 27/12/2021 08:50

She SHOULD have been asked to sign at the time, to give the purchasers comfort that she would move out rather than stage some sort of squat or need evicting.

That moment has passed.

It didn’t give her any rights to block the sale or claim a stake in the house.

How come she has even seen the sale documents????

RowsOfHolly · 27/12/2021 08:52

She sounds absolutely horrible.

No wonder her parents sold up snd moved on as a way to get rid of her!

Bohemond · 27/12/2021 08:57

@AtLeastPretendToCare

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.

It’s a standard clause to protect the buyer and the mortgage company NOT the additional occupier.
ballsdeep · 27/12/2021 09:00

What the hell am I reading???? Your friend is bat shit crazy and sounds unhinged op.

stingofthebutterfly · 27/12/2021 09:24

The sale went through without a signature, yet her name was on the documentation. If the solicitor legally needed a signature, they'd have obtained one.

She willingly moved out on completion. She didn't have to. If she'd have remained in the property, she'd have been treated like a squatter.

Either way, she'd have had to leave. The property was not hers. Sure, she paid some bills, but so she should, as an adult. I don't get a stake in my landlord's house if they decide to sell it, do I?

She sounds incredibly entitled.

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