Seller being difficult about access

[MillennialFalconer]

My seller is being a right pain. We viewed the place exactly twice, both times before making an offer. Since then, we've had a surveyor return, which was arranged with him three weeks in advance.

We asked to return to bring a specialist to examine the roof due to items flagged in the survey, and also to measure up for furniture. The seller has refused any further access, and had his solicitor send a note to my solicitor, claiming that we've physically returned to the property several times with no prior notice, which is nonsense. We haven't been within a mile of the place since we put in an offer.

He is moving out in a couple of weeks into a property he's already purchased, and the property we're buying will be vacant for a couple of weeks before exchange. We said we're happy to wait until after he moves out so as not to inconvenience him and his family. That works much better for us, because the loft is packed with stored items and it will be much easier to examine the roof when it's empty. Still, he's refused any further access until completion and is refusing to guarantee that the property will be handed over with "vacant possession" (he left that box unticked on the Property Information Form).

I have a sneaking feeling that he's planning to move out and leave the property in a state (they have tonnes of furniture and children's toys everywhere), and doesn't want us to be able to see this before completion. What recourse do we have if he moves out and doesn't clear the property?

Simply tell him you need access to see what needs doing to the roof as flagged up in your survey or you are withdrawing your offer

Plus add in the fact that you are expecting the place to be cleared of any and all possessions if you do proceed

So when he gets his new home that will be classed as a second home , that will cost plenty in stamp duty

A friend of mine recently bought a house that was like a hoarders paradise, they had a retention added of £10k that was only released to the seller when my friend confirmed the house was empty. It was really straight forward and clearly added a bit of an incentive to the seller

Isn’t vacant possession about no tenants in the property?

I thought vacant possesion only related to people?
Can you insist on viewing before exchange, our chain was held up because our sellers new house had a skip on the drive and they insisted it was removed before exchange, it held us all up for at least a week!

Vacant possession is about people not items, its just standard to expect and clarify that items will be cleared though otherwise it means the new occupier incurs costs to remove tat and rubbish

I also dont understand why you need access to meausure up, wait until you get in.

Still, he's refused any further access until completion and is refusing to guarantee that the property will be handed over with "vacant possession" (he left that box unticked on the Property Information Form).

You must not progress without this being sorted.

Any good solicitor would tell u to not move forward until that box is ticked. Just no.