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Original poster

Gaining access between exchange and completion

53 replies

Confusedhousehunter · 01/04/2015 11:06

Has anybody done this?

The house we are buying is empty. It needs a LOT of redecoration. We had planned to ask for access after exchange to make a start. We have a toddler and another baby on the way so even being able to get one or two rooms liveable would be a massive help.

The mortgage broker and solicitor both told us that it's very commonplace. However, the vendors have turned us down. I'm wondering whether it's worth trying to appeal to them to reconsider?

OP posts:
specialsubject · 01/04/2015 12:19

You can ask but no usually means no. Sorry.

if it is that bad, perhaps book a holiday cottage nearby for a couple of weeks while you sort it out?

Original poster
Confusedhousehunter · 01/04/2015 13:00

There are no holiday cottages where we live and we couldn't afford it in any case.
It just seems so ridiculous. In the unlikely event the sale falls through they have our hefty deposit plus a newly decorated house. It's currently peeling wood chip.

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RaphaellaTheSpanishWaterDog · 01/04/2015 14:04

Back in 2011 the vendors of our last house - an unmortgageable wreck - allowed us access between exchange and completion. They too had already vacated and in their case were perfectly happy for us to do this. We arranged insurance for contents as well as buildings as some of our stuff was moved in at point of exchange. They just handed over the keys and away we went. We weren't getting a mortgage though.

I would have thought it would be more likely that your lender/their solicitor would be advising against if anyone was as I guess it complicates the position legally......what a bummer though!

wowfudge · 01/04/2015 14:24

It's not your house until you've completed - I can fully understand why the vendors won't give you access to do work on it before then. There is also the risk that you do work at your expense and the deal doesn't go through. Slim risk for you maybe, but a risk nonetheless.

BrocasBelly · 01/04/2015 14:26

it's not your house to do stuff to until you complete.

ThroughThickandThin · 01/04/2015 14:31

Some vendors allow it. Some won't hear of it. There's not much you can do I'm afraid.

Could you ask them if you can do less intrusive work, such as cleaning and prepping it for work to start as soon as you have competed? They may be happier with a compromise proposition.

cupcakesandapples · 01/04/2015 14:33

Seems unfair doesnt it, but they're probably worried if it fell through you'd end up as squatters or alike

Florin · 01/04/2015 14:33

I don't think you should appeal. They have said no and I don't blame them. They have no idea what skills you have, you might be awful at diy and cut through a water pipe or something.

christinarossetti · 01/04/2015 14:46

I this commonplace? I'm not sure.

However much I'd like to help buyers out, I'm not sure that I'd be handing the keys to my house over until it was no longer my house tbh.

It is fairly commonplace to get quotes for work that will need doing eg get a builder/plumber/electrician/painter and decorators in for quotes, and doing this will save you time and stress when you move in, if you're planning to pay someone.

If you're planning to DIY, it's going to be a hassle with a toddler and pregnant whether you do it while you're living somewhere else or when you've moved in tbh.

Original poster
Confusedhousehunter · 01/04/2015 14:52

We have all the quotes in.

We are paying professionals. The house has been empty for 6 months or more.

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christinarossetti · 01/04/2015 15:02

I can see that it's annoying, but probably the best course of action is to ensure that the decorators will be able to start work as close as possible to you moving in. Professionals can do things quickly. It won't be long until things are sorted.

SuburbanRhonda · 01/04/2015 15:11

So you have enough money to pay professionals to decorate the house and risk it being for nothing if the sale falls through, but not enough to pay for a holiday rental?

thanksamillion · 01/04/2015 15:14

There are good legal reasons why the vendor won't let you do this. I'm really surprised that you were told it's commonplace.

It's really frustrating but then so is the whole house buying process!

Original poster
Confusedhousehunter · 01/04/2015 15:24

If there are legal reasons then fair enough. The aim of my post was to dig out those kind of reasons.

If I spend money on a holiday rental (I don't live in an area that even has such things!) then I won't have the money to pay a decorator will I.

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SuburbanRhonda · 01/04/2015 15:33

But you said upthread that you are willing to risk losing your deposit and the cost of decorating should the sale fall through. Surely that's a much bigger waste of money if it happens?

Original poster
Confusedhousehunter · 01/04/2015 15:35

It's not going to fall through so I don't consider it a risk.

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LIZS · 01/04/2015 15:37

There are legal and insurance issues. We were in same position , vendors overseas and it had been rented out. They wouldn't allow us access and in the end EA had to arrange for things to be cleared out on completion day.

SuburbanRhonda · 01/04/2015 15:44

OP, you said "unlikely" upthread and mentioned how the vendors would have your deposit plus a newly decorated house, so the implication was that there was a risk, however small.

But if you know categorically that the sale will not fall through, obviously the scenario you posted about to justify why the vendors should let you in is meaningless.

uggmum · 01/04/2015 15:48

I know you really want to start work but it could fall through. Nothing is cast in stone until completion. My mil bought an empty house. A week before completion the vendor died suddenly.

In her case the Son of the vendor still wanted to sell and the sale was delayed by 2 months.

So there are still circumstances when the sale can fall through. Can you stay with a friend and put some of your belongings in storage for a few weeks.

DayLillie · 01/04/2015 15:48

Legal and insurance - if you were to damage the house, and not complete, then in theory they are left with a damaged unsaleable shell and only the deposit (which would only cover some of the legal costs) and even if you got insurance, there would still be repercussions for the vendor.

I don't know why the EA said it was commonplace; I can't see a solicitor advising that it would be a good idea. My cousin once put in an offer for a house, only to find another couple had decided they were going to buy it and had gone in and started stripping the wallpaper and taken out the fireplace. That had not even got to offer accepted, never mind exchange of contracts! Don't know who gave them that idea and what the EA were doing.

bilbodog · 01/04/2015 15:50

it is not unheard of. We were able to go into our last purchase between ex and comp. to take up all the carpets and have it woodwormed. The house had been empty for a while but some owners can be difficult. It is probably worth asking again. Our house needed everything doing to it and in the end has taken us 4 years to get it right. We have both said that if we had to do it again we would go into rented - if we had done that we could have had the whole house done quicker and a bit cheaper rather than getting bits done here and there. You say you don't have any holiday lets in your area - are you sure? or even find someone willing to let you have a short let on a property that would otherwise stay empty?

Original poster
Confusedhousehunter · 01/04/2015 15:50

I was only trying to explain why it wouldn't be a risk to the vendors - who happen to be a company. The risk is all ours and we are happy to take it.

If there are legal reasons why it can't happen then fair enough. But we will have insured the building and have been assured that it's common. So to my mind the company could just be being arses.

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ThroughThickandThin · 01/04/2015 15:59

They aren't being arses; they are protecting their property. They don't know that you aren't going in to demolish walls etc. Supposing you had a redundancy between exchange and completion? or God forbid a serious accident. There could be a number of scenarios which meant that it makes sense for you to pull out of the purchase even though you have exchanged.

The vendors would be left totally out of pocket. And quite frankly, why should they put themselves in that position of vulnerability? Most people wouldn't. It's not your house until completion and most vendors would think that's the time you start work on the house...when you actually own it.

SuburbanRhonda · 01/04/2015 15:59

Of course you'd be happy to take a risk that you say doesn't exist.

Original poster
Confusedhousehunter · 01/04/2015 16:04

How would they be out of pocket?
They'd have our huge deposit.

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