When can we "legally" move in to a property we are buying??

[chel86]

We are having huge difficulties in buying our first house. Stupid mistakes being made, but having huge consequences.

We told our lettings agents that we were in the middle of buying a house and just to let them know. Didn't know how long it would be but would let them know the completion date when we found out. They said that was fine, take as long as we need. They wouldn't re-new the 12 month contract, but we could lease on a week by week basis if needed. They then started showing people around the house, and we pointed out to them that we didn't have a completion date yet, so didn't know when we were moving out, which was fine. Well, now they have signed a tenancy agreement with another couple, taken the deposit etc and they are moving in on the 29th!!

So we have tried rushing things through and the seller then kindly suggested that, as the property is vacant, we could draw up a contract and rent the property off him until completion. Great! Until his solicitors put a dampener on this and said they weren't happy with this.

My solicitor said that, she had to check what paper-work is outstanding, but once she has the mortgage offer, under the terms of the contract we can move in to the property. Abbey have sent through their 4th morthgage offer and still got the purchase price wrong!! So we are basically facing being homeless if we do not have the correct mortgage offer now! I am extremely stressed and worried about what's going to happen Monday, with 2 kids as well and working from home as a chlidminder. Does anyone know where we legally stand??

If you had exchanged I think an agreement can be drawn up so that you can move into the property but if you don't have a valid mortgage offer as yet you probably won't exchange until you do.
Can you put you things in storage and stay with family?

If you haven't formally given the letting agent notice surely it's them that's at fault and up to them to tell the tentants to be they can't move in?

Do you have anything in writing with your lettings agency? Hvae you paid them beyond Monday?

I think your argument is with them, and they chould not have re-let the house.

Sounds a very difficult situation.

IF you can get a new offer faxed through, could you exchange and complete on Monday or is there more to sort out? (sympathies with Abbey - they are AWFUL administratively. See if you cann speka to someone higher in the management chain and explain the problems their mistakes have caused)

I'm going to get on to the phone with Abbey and speak to someone higher up. I just cannot believe how unbelieveably stressful this is. And if we can't move in to the house by Monday then I'll have to speak with the letting agents.

Just feel like curling up in a ball and crying!!

Your letting agent has not given you written notice to quit the property therefore they are in breach of the tenancy agreement.

I really feel for you. Have you exchanged on the house yet? Why are his solicitors reluctant to let you rent the property until completion?

We haven't exchanged yet. Have to wait for Abbey to typ the correct figures on a standard form and send the mortgage offer to us. Seller's solicitors, so I found out today, won't let the property because it's shared ownership and the council will not allow it under their terms.

I've left a message with the letting agents to call me tomorrow and I'm waiting for an argument. I'm telling them it'll be at least another 2 weeks and we're not budging until them. Will pay the rent owed beforehand of course. If they don't like it then tough. What can they do?!

I would stay put in your current home, and phone the Abbey every hour until they sort your mortgage out.
And exchange and complete on the same day. It can be dones.

We were in a similar situation a few years ago, also with the Abbey. I ended up phoning them as I suggest.
They put me off with "its with our X department" for weeks, until I discovered it hadnt even reached the starting blocks, because it hadnt been sent by the agent." BUT when I nagged them a LOT, they did do things quite fast in the end.

A warning though, they paid the mortgage a couple of hundred pounds short, which meant we had to find teh money ourselves before we could complete.

What happened, Chel?

You can't be forced to move out of the rented property if you haven't been served notice. The lettings agent will know this and will be bluffing (i.e. panicking) because they've messed up.