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Original poster

Complete but not taking possession until 3 days later (no removals)

42 replies

wecandothisagain · 26/06/2021 06:50

Does anyone know if it's possible to complete, but then not take handover keys/take possession of your sale/purchase for a few days?

Reason I am asking is because we want to meet the stamp duty deadline, but there will be no time to arrange removals as we have not even exchanged yet.

Thanks

OP posts:

ScrumptiousBears · 26/06/2021 08:39

Someone I know had similar issues. They hired a container and moved stuff to there so in storage for the days they couldn't get a removal company and stayed in a hotel.

HidingFromDD · 26/06/2021 09:35

solicitor is not allowed to release the money until you have vacant possession. It may be possible to do a short term lease but that would give you issues with the mortgage company. you'd also have insurance issues. I think worst case you need to hire a van and move yourself - are you going far? you'll probably need to make a number of trips.

Panda368 · 27/06/2021 07:34

For all the people saying just book a van -

We are having to DIY it - exchange date is set for Tuesday and completing on Wednesday so no way we will be able to book movers.

Van bookings are VERY tight currently so if you want to look into that do it now. We weren’t able to find a tail lift Luton anywhere and have had to get a slightly smaller van with no lift which will make thing interesting! Luckily dp is pretty fit.

Highly likely it will have to be a multi trip job along with dumping some things onto nearby family driveways and some negotiating with our sellers to try and get access to the garage slightly ahead of completion in order to achieve vacant possession for our buyers. 😬

mayblossominapril · 27/06/2021 07:44

This is how I move. Get everything packed into big supermarket bags from the kitchen, all bedding and clothes in big zip bags, get all garden stuff and small furniture that will fit in a car out. Take everything you can get out to an obliging friend or relatives house or garage.
Get the beds taken to pieces. You can get a double bed frame in a Honda jazz. Take bed frames to friends.
All you are left with on moving day are the big items. Hire/borrow either a van or trailer for these. Mattresses will fit folded up in a Honda jazz
If your sofa is going on a trailer wrap it in paler wrap.
Any flat bed trailer or farm trailer or gorse box will do
A heavy duty sack barrow is handy for white goods.

Starstar7 · 27/06/2021 08:01

@Didicat

I am desperately hoping we can complete and then lease the property back to the sellers as they can’t move out due to isolating due to Covid. We have exchanged and due to complete on Monday and they can’t leave isolation until Friday.....

Only found out about it after the office closed yesterday........

My full sympathies are with you, the stress of buying houses is insane!

This won't be possible. Sale and rent back of a property has been made illegal.

NoWordForFluffy · 27/06/2021 09:30

@Didicat, are they isolating due to positive test, or is it a 'contact with positive person' isolation?

Once they've exchanged, the legal default is that completion has to take place as arranged, unless all parties agree otherwise in relation to moving the date.

This is their problem to solve as a) they're the ones who will incur penalties for failure to complete, and b) potentially they also need to complete prior to the SD holiday ending. Hopefully between them and their agent they've come up with a solution to sort it out for tomorrow.

Complete but not taking possession until 3 days later (no removals)

GhoulWithADragonTattoo · 27/06/2021 10:05

Can put you most stuff in storage beforehand and then just move a few things on the day?

Didicat · 27/06/2021 11:19

@NoWordForFluffy it is contact with a positive person, and no they don’t need to hit stamp duty deadline. They are moving in with family. My anxiety is really bad, got chest pain today so despite the rubbish weather we are going to go cycling to get out of the house.

Panda368 · 27/06/2021 12:03

@Didicat if it’s contact with an infected person I think unless test and trace actually call you (ie you get pinged by the app instead) it’s technically an advisory and not law to isolate..
Plus it should only be the 1 person who has had contact rather than the whole lot.

My toddler has been pinged a few times by nursery and me and dp are both still able to go to work etc while toddler isolates.

I’d push in case they are trying their luck for extension because of a struggle getting movers and have grabbed at the first excuse going.

Tibtom · 27/06/2021 12:10

You could complete and not move out for three days if you come to an agreement with the buyers - would be tricky though for things like insurance etc and they may want 3 days rent. Would have added legal costs to draw up an agreement though

NoWordForFluffy · 27/06/2021 12:10

I agree. Push to complete. They can still move; nobody else needs to isolate even if they do. Make it their problem. Either they pay the failure to complete penalties or your SD post-Weds.

Tibtom · 27/06/2021 12:12

This won't be possible. Sale and rent back of a property has been made illegal.

Oh. Didn't know this. Why?

Fupoffyagrasshole · 27/06/2021 12:15

My baby was born the day before we exchanged 🙈 and we just exchanged anyway and collected the keys 2 days later ! Wasn’t a problem (we had a crossover of 3 weeks where we were still on rental and owned the new flat! We didn’t actually move in until 3 weeks after exchange in the end !

Tibtom · 27/06/2021 12:24

A friend's cousin had a seller who died an hour before exchange. Fortunately the will was straightforward and the son wanted the sale to go through so they moved in to keep their chain a week later and completed a couple of months later! Any lawyers would tell you NOT to contemplate this! (The son wasn't heartless - his mum had been in a nursing home for some time)

pilates · 27/06/2021 15:02

I’m glad it worked out for your friend’s cousin Tib but huge risks and not to be recommended 😲

GOODCAT · 27/06/2021 15:10

Ask your solicitor if the chain can complete but stay on a licence or rental and move a few days later.

snowspider · 27/06/2021 16:37

Our last sale the buyer wanted to meet the 31 March 2016 deadline so that he didn't get penalised for stamp duty on two properties. He had only made his offer at the beginning of March and didn't know about the new two homes rule coming in at the end of the month. We only put our house on the market the day of his offer and we could know way find somewhere to live and move out of 5 bedroomed house at such short notice. So we stayed on in the house after completion rent/bills/ free under licence until the end of May. So a licence to occupy might be a way forward.

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