Gaining access between exchange and completion

[Confusedhousehunter]

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?

Yes they'd have your deposit, but possibly a knackered house with walls, kitchen, and bathrooms missing to try and resell.

I don't think the deposit would be enough. Our builders had to insure for 2 million in 2000 for a £100,000 house. The possibilities are boundless. If you leave the gas on, blow the house up and half the neighbourhood, are you covered? And do they want to deal with the insurance assessors? Or would they prefer to wait a couple of weeks to complete and walk away.

The ins and outs of what ifs and risks aren't really relevant tbh.

Until completion, the house belongs to the vendor and they have no obligation to hand over the keys. They've enabled you to gain access for quotes etc, which has saved time and hassle.

Professional painters work quickly - it will only be a short period of disruption when you move in (maybe put stuff that you don't need immediately into storage for a couple of weeks to reduce clutter?).

If the only possible way for you to decorate was before completion, you should have had this agreed in writing before exchange, I'm afraid.

We haven't exchanged yet. We have been led to believe up til now by estate agent, mortgage broker and our solicitor that it wouldn't be a problem.
It's only now just before exchange they are saying No.

It's not a deal breaker but does feel unfair.

But it's not unfair. It's not your house. There are risks. They don't want to take them.

They might change their minds after exchange, how long do yo plan for completion? They aren't obliged to though so maybe make alternative arrangements if decorating while living there is going be such an issue.

You might be better to put your effort into getting everything (finance etc) lined up for a very short interval between exchange and completion. This will probably make sense, if it is empty.

That way, you don't have to wait long to do what you want to it, and it is more straightforward.

If the estate agent, mortgage broker and solicitor "led you to believe" it would be no problem, they clearly aren't very good at their jobs.

They should have told you it was irrelevant what they thought as the decision was up to the vendor.

Oh sorry, didn't realise that you hadn't exchanged.

In that case, the vendors have been super helpful in allowing you access for quotes before you'd even exchanged.

How long do you anticipate between exchange and completion?

I have never heard of an estate agent or solicitor who would say there shouldn't be a problem with this. They should advise strongly against it.
When we sold our last house it was already empty. Buyer wanted the keys for carpeting. We, the ea and solicitor all said fine to have access to go in to measure, if accompanied by us or ea who would not leave the buyer there unattended.
You could move in, let the place out to strangers, damage it or anything, and the risk would lie completely with the vendors. Who would pay the utility bills while you do this work, as they aren't switched to your name until completion.
have you mistaken 'yes you can have (accompanied) access for measuring etc' for 'have some keys, go in and treat the place as your own'?

Why don't you just exchange and complete quickly? It's mad to think you can start work on a property that doesn't belong to you

I'm afraid that neither the EA, mortgage broker or your solicitor had any authority to say that it wouldn't be a problem, as they're representing your interests and not those of the vendor.

The EA would say anything to get a sale through and mortgage brokers and solicitors are much more concerned with the bigger picture of loans, fund transfers etc.

It must be frustrating to alter your plans - especially as you thought they were a certainty - but there's where you need to direct your energy and focus now.

We've been in 3 times already unaccompanied so you can see why we didn't anticipate it being a problem.

Maybe they think that after those three visits you are now taking the mickey? Why not try to negotiate an earlier completion date? A company would surely prefer to get all the money sooner.

I used to work for a property company and one of the directors had run a house building firm in the past. He told me a story about how the guy buying one of his houses on a small development had gone in while the builders were finishing off, after exchange but before completion, moved some of his things in and started putting up some shelves in the kitchen. The bloke I worked with was absolutely furious and threw the guy out bodily as it wasn't his house!

If I were you I would concentrate my efforts on putting together a plan of action to get key rooms ready quickly once you get in. So maybe live in the dining room while the living room is being sorted out (I have no idea what kind of place you're buying), that kind of thing. Plan the move and the work to make things easier when you are in.

That's what we are going to have to do. We can't complete earlier because we are tied to the dates agreed with the people buying our current place. It would have been so nice to have moved in with it being at least partially decorated. As well as having a toddler I'm pregnant ( very early days so still in the exhausted stage) so the idea of living in a total mess just makes me want to cry.
We've been there 3 times already because of potential issues that we had to get checked out. The agent couldn't be bothered letting people in so have us the keys to do it.

It does happen, although valid reasons why vendor might not want it. Ours have said they will let us in between exchange and completion of we want to do work, although we will prob just get cleaners in. This is also a company selling a vacant property in need of lots of work.

Perhaps the vendor got to hear that the estate agent had given you keys to go in unaccompanied. If our ea had done this I'd have gone ballistic. It's an absolute no no. You could have moved in and squatted before ex change. Jeeez I can't believe an ea would do that.

Until it's final it could fall through. Do you honestly want to invest money in it to find that ultimately you lose the house?

Could you propose that you take out appropriate insurance at the point of exchange, & sign a Key Undertaking - would they go for this?

I think they probably meant that it was commonplace to go for another viewing before completion.

Sorry, but I think this idea is verging on deluded. I have done various complicated house moves involving split completions, massive renovations and renting our own house back under license - but never has it been suggested that we could do work upon a house that was not ours. Twice we have not been paid on the day of completion and the advice is always the same - you don't allow access to the property until that money is in the bank.

The insurance question is a big one - I know someone who suffered a serious spinal injury when they visited their house that was being renovated. Thankfully they escaped paralysis, but it was touch and go.

Why not bring the completion forward so that you have bought your new place and rent back your current house under license for a couple of months? We have done that before.

However, it sounds as if money is tight and the likely way to proceed is to decorate once you move in.

If your EA and solicitor have told you it is common place, you have been badly advised. Its not unfair, or anything like that. You have no legal right at all and in fact, it is seriously risk for a vendor to allow you access unaccompanied even. I wonder if the vendor knows this or the EA is just letting you in?

But there are ways around this – as previously mentioned, there may be holiday rentals available, stay with relatives / friends for a couple of nights? Could you and your toddler stay with friends whilst your H did some works/ lived at the house to sort the decorators? If you don’t want to be in the mess, even book into a Travelodge for a week if you’re that desperate to do work before you move in. What about booking a short, cheap holiday (if you only have a toddler, you’re not tied to school hols, you could probably all go to Centerparcs or similar for £300 or something for a week?!) Do you have a friend that could let the decorators in?

If time is an issue you can do a back to back exchange completion on the same day. You will need to have your funding in an escrow account prior to completion date.

I can understand the vendors relucatance - if they allowed access and you knock a structral wall through then didn't complete they would be left with a liability on thier books. Most organisations only allow access for works prior to acquisition with a building licence and collatoral warranties in place.

We did this. We accepted that there was a risk that we'd lose any money we spent but the hour was uninhabitable and we needed to at least get heating in and to plaster the walls as well as repairing some of the larger holes in the floors. We probably outlaid about 20k.

All worked out fine. The silly estate agents did make us hand the keys back the night before completion so that he could hand them back the next day but we're glad we did it or we'd have had to spend much more on a hotel than we did!!

In the grand scheme of things 2 weeks or so is neither here nor there.

Relax