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Vacant possession

3 replies

JellyBeanFactory · 11/08/2023 11:08

My brother and partner have just bought their first house, it is empty having been 'flipped' by a developer and ready to move in. Contracts have been exchanged with completion/moving date a week today. We walked passed last weekend in the evening and noticed lights on, van in drive and someone watching telly (flickering). I told DB and he mentioned this to the agent who told him that the seller has let his mate stay there for a few weeks while he sorts out place to live after splitting up with wife. The garage is also now full of this mates possessions!
I am concerned that come moving in day, this mate decides he's not moving out. DB not worried - should he be?

OP posts:
ClematisBlue49 · 11/08/2023 12:16

Your brother would be able to make a legal claim against the vendor if the property is not vacated and cleared by 1pm on completion date, so I imagine that the vendor won't allow that to happen. It sounds like a genuine emergency situation and he is just helping out a friend on a short term basis. I'd be more worried if he had let it out to a tenant who was still in situ.

JellyBeanFactory · 11/08/2023 21:44

ClematisBlue49 · 11/08/2023 12:16

Your brother would be able to make a legal claim against the vendor if the property is not vacated and cleared by 1pm on completion date, so I imagine that the vendor won't allow that to happen. It sounds like a genuine emergency situation and he is just helping out a friend on a short term basis. I'd be more worried if he had let it out to a tenant who was still in situ.

Thank you @ClematisBlue49 Fingers crossed that's the case 🤞
DB had to email his solicitor today about something else so mentioned it in that too, just so she is aware!

OP posts:
Whataretalkingabout · 16/08/2023 18:05

Can your DB ask for a final visit on the morning of the exchange, that way he can be sure the property is empty and in same condition as when first visited. ? This is pretty much standard procedure in some EU countries, FYI.

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