Failure to vacate after completion
Discussion
EW109 said:
We need to distinguish between two situations.
1. The vendor fails to complete. In this situation, the purchaser is left with no alternative but an action for specific performance, and the vendor is not a trespasser.
2. The vendor completes (he delivers an executed form TR1), but refuses to vacate. In that situation, the vendor's continued occupation is a trespass as against the purchaser. The purchaser is entitled to a possession order, as of right, on that basis. I cannot see why, if the vendor re-enters, his doing so as a trespasser should not arguably be criminal, given the way that s 144 works (it is specifically directed at trespassers - and specifically excludes re-entering tenants who hold over, but not re-entering vendors post-completion).
It is to be noted that problems usually arise from vendors who, having contracted to complete on or before a particular date, fail to do so (to which no criminal liability could attach); contrast the unusual position where a vendor does complete, but then fails to vacate.
Thus I do not think your point has force: this is not the (fairly common) situation of someone failing to complete, but of a person who, having completed, fails to vacate.
If the previous owner had licence to live there when he moved in (he did, as he owned it), he cannot be guilty, as I see it. The change of ownership while he lived there does not then make him liable to the offence, on my reading.1. The vendor fails to complete. In this situation, the purchaser is left with no alternative but an action for specific performance, and the vendor is not a trespasser.
2. The vendor completes (he delivers an executed form TR1), but refuses to vacate. In that situation, the vendor's continued occupation is a trespass as against the purchaser. The purchaser is entitled to a possession order, as of right, on that basis. I cannot see why, if the vendor re-enters, his doing so as a trespasser should not arguably be criminal, given the way that s 144 works (it is specifically directed at trespassers - and specifically excludes re-entering tenants who hold over, but not re-entering vendors post-completion).
It is to be noted that problems usually arise from vendors who, having contracted to complete on or before a particular date, fail to do so (to which no criminal liability could attach); contrast the unusual position where a vendor does complete, but then fails to vacate.
Thus I do not think your point has force: this is not the (fairly common) situation of someone failing to complete, but of a person who, having completed, fails to vacate.
As Breaders and LL has said, there's nothing legal you can do to force him out.
The only thing you can do is ratchet up the pressure in a legal way. That is your reasonably incurred costs would need to be met, and it's a slam-dunk to get them at court.
If it were me, I'd chill out, tell the removals people to store my stuff, check into a hotel and have a nice dinner in a restaurant.
Your solicitor should be sorting it for you, letting the vendors solicitor know exactly how quickly the costs are racking up.
At the moment, he may just think 'everything will be OK'. However, the hotel, external food and removal/storage costs may end up being a four figure sum. If he knows in as many words you will be suing him for that amount, and it increases on a daily rate, I would suggest he extracts his finger from his ass.
The only thing you can do is ratchet up the pressure in a legal way. That is your reasonably incurred costs would need to be met, and it's a slam-dunk to get them at court.
If it were me, I'd chill out, tell the removals people to store my stuff, check into a hotel and have a nice dinner in a restaurant.
Your solicitor should be sorting it for you, letting the vendors solicitor know exactly how quickly the costs are racking up.
At the moment, he may just think 'everything will be OK'. However, the hotel, external food and removal/storage costs may end up being a four figure sum. If he knows in as many words you will be suing him for that amount, and it increases on a daily rate, I would suggest he extracts his finger from his ass.
We sort of had this on our last move, the vendor was slow to move out.... So, i moved in with the dog and made ourselves at home, when asked by vendor what did i think i was doing i simply said moving into the house i own and assume you didnt want this bed anymore so now its my dogs and she looks very comfortable.
2hours is all it took after my dog had played hide and seek for her tennis balls in all the beds, on the sofas, chairs and anything else i thought of and the vendor was gone.
Perhaps worth the op trying similar, its not evicting just moving in.
2hours is all it took after my dog had played hide and seek for her tennis balls in all the beds, on the sofas, chairs and anything else i thought of and the vendor was gone.
Perhaps worth the op trying similar, its not evicting just moving in.
rovermorris999 said:
Knock on the door, when it opens walk in with several mates, make yourselves at home, open beers and fart loudly. Realistically, what can they do? BiB won't be interested in a civil matter. Pound to a penny they'll be out sharpish.
This would be my gameplan, though I'd arrive with 2 large dogs, 5 ducks and a fierce goose too. Any problems I'd invite him to sue me.Edited by rovermorris999 on Friday 29th August 20:54
Breadvan72 said:
JustinP1 said:
As Breaders and LL has said, there's nothing legal you can do to force him out.
...
I have said no such thing. A Court order would readily be granted to compel the vendor to GTFO, but obtaining such an order will take a bit of time....
rovermorris999 said:
The goose would clinch it.
Damn right, the thing terrifies me. In all seriousness, I am moving soon, avec waterfowl, and if the vendor refused us access I have no idea what I would do with the birds other than use them as a bargaining tool. Any lawyers care to comment on the position re animals?Christ, when i moved last year, it became obvious my removal men couldn't fit my stuff into the single truck they arrived in and they needed another one.
As this would mean i couldn't vacate the old house in time, i got them to put all my remaining stuff onto the drive so it wouldn't interfere with the couple that wanted to move in.
Can't understand the mentality of people who wouldn't vacate on time as expected, especially if they have no god reason. Moving is stressful enough, something like that would push me over the edge!
Luckily in my case, it turned out my buyers weren't actually moving in until the following day, but i still made sure the estate agent got the keys by the agreed time. Amusingly, the buyer still showed up just to have a look around and saw all my stuff on the drive, he asked my permission to have a look around his own house!
As this would mean i couldn't vacate the old house in time, i got them to put all my remaining stuff onto the drive so it wouldn't interfere with the couple that wanted to move in.
Can't understand the mentality of people who wouldn't vacate on time as expected, especially if they have no god reason. Moving is stressful enough, something like that would push me over the edge!
Luckily in my case, it turned out my buyers weren't actually moving in until the following day, but i still made sure the estate agent got the keys by the agreed time. Amusingly, the buyer still showed up just to have a look around and saw all my stuff on the drive, he asked my permission to have a look around his own house!
scdan4 said:
Can you not just move in as well.
As said above, knock on the door, foot in the door, get in.
Then let your mates in.
Then have a house warming do. Move stuff about. No sleep for squatters.
(If you own the house, and are not evicting / throwing out the incumbant, who really shouldn't be there surely you'd be ok?)
Sounds like a good plan, I'd be curious to know if there is any legal argument against this?As said above, knock on the door, foot in the door, get in.
Then let your mates in.
Then have a house warming do. Move stuff about. No sleep for squatters.
(If you own the house, and are not evicting / throwing out the incumbant, who really shouldn't be there surely you'd be ok?)
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