Failure to vacate after completion

Failure to vacate after completion

Author
Discussion

anonymous-user

54 months

Monday 1st September 2014
quotequote all
I suggest that is unrealistic. Do you expect a police officer to stand there, read a contract and decide who is right when he is faced with someone who appears to have all his stuff in a house and someone else who says that he has the right to bundle that person out? Likely outcome: purchaser and possibly both parties get/s thrown in the slammer. The police will want to keep the peace, not rule on contractual rights.

TVR1

5,463 posts

225 months

Monday 1st September 2014
quotequote all
Breadvan72 said:
I suggest that is unrealistic. Do you expect a police officer to stand there, read a contract and decide who is right when he is faced with someone who appears to have all his stuff in a house and someone else who says that he has the right to bundle that person out? Likely outcome: purchaser and possibly both parties get/s thrown in the slammer. The police will want to keep the peace, not rule on contractual rights.
Or,going by current events, have them both arrested under anti-terrorist legislation, have their families passports taken away and declared 'non citizens' and then launching an historic investigation into child abuse after finding a 30 years old copy of The Sun under the floorboards featuring the page 3 girl Sam Fox (slightly
Illegal at the time-but let's not worry about that)

All the while, failing spectacularly to notice the shadey gentlemen going to and fro from the house next door at all hours of day and night with many young girls, hydroponics equipment and a nice line in untaxed, unregistered, blacked out Mercedes with CHROME WHEELARCH EXTENSIONS!!!!!

Variomatic

2,392 posts

161 months

Monday 1st September 2014
quotequote all
TVR1 said:
Or,going by current events, have them both arrested under anti-terrorist legislation, have their families passports taken away and declared 'non citizens' and then launching an historic investigation into child abuse after finding a 30 years old copy of The Sun under the floorboards featuring the page 3 girl Sam Fox (slightly
Illegal at the time-but let's not worry about that)

All the while, failing spectacularly to notice the shadey gentlemen going to and fro from the house next door at all hours of day and night with many young girls, hydroponics equipment and a nice line in untaxed, unregistered, blacked out Mercedes with CHROME WHEELARCH EXTENSIONS!!!!!
You forgot forcibly relocating them, other than that, great summary biggrin

TVR1

5,463 posts

225 months

Monday 1st September 2014
quotequote all
Variomatic said:
TVR1 said:
Or,going by current events, have them both arrested under anti-terrorist legislation, have their families passports taken away and declared 'non citizens' and then launching an historic investigation into child abuse after finding a 30 years old copy of The Sun under the floorboards featuring the page 3 girl Sam Fox (slightly
Illegal at the time-but let's not worry about that)

All the while, failing spectacularly to notice the shadey gentlemen going to and fro from the house next door at all hours of day and night with many young girls, hydroponics equipment and a nice line in untaxed, unregistered, blacked out Mercedes with CHROME WHEELARCH EXTENSIONS!!!!!
You forgot forcibly relocating them, other than that, great summary biggrin
Ha! They won't need relocating. What with them being dead, after the accidental/mistaken for an electrician multiple gunshot death wounds.

Too many chair legs for my likeing in this moving house business. It's dangerous when plod is involved.

I sincerely hope the OP doesn't drive a yellow mini.......

smile


Edited by TVR1 on Monday 1st September 23:46

XCP

16,915 posts

228 months

Tuesday 2nd September 2014
quotequote all
Breadvan72 said:
I suggest that is unrealistic. Do you expect a police officer to stand there, read a contract and decide who is right when he is faced with someone who appears to have all his stuff in a house and someone else who says that he has the right to bundle that person out? Likely outcome: purchaser and possibly both parties get/s thrown in the slammer. The police will want to keep the peace, not rule on contractual rights.
Yes, I would expect them to do as I would have done in that situation and establish exactly who was in the right before leaping in and arresting everyone in sight, and thereby attracting at least one complaint in the bargain.

LongLiveTazio

Original Poster:

2,714 posts

197 months

Wednesday 3rd September 2014
quotequote all
Wow, thread explosion! I did read this on Friday as things were ongoing but couldn't add an update. Suffice to say that I was glad of some of the legal advice on page 1.

As it turns out, I got the keys albeit late in the day, which massively delayed me moving and had a knock-on effect with van rental etc. In addition, there were various other issues contrary to contract in terms of vacant possession/damage but I have been advised that pursuing such things that would total a few hundred quid is likely to be more hassle than it's worth.

The karma is that the vendor's new house is apparently dreadful, to the extent that he cannot open the windows and the plumbing's fked. My agent was quite happy about this as he had been awful to them but still, life's too short for wishing people ill...

I was actually a FTB and my perception of the whole process is that the estate agent does next to nothing and you can do what you like as a vendor and get away with it. Ho hum. Hopefully won't have to move any time soon...!

Thanks all.

MattStorey

3,033 posts

155 months

Wednesday 3rd September 2014
quotequote all
LongLiveTazio said:
I was actually a FTB and my perception of the whole process is that the estate agent does next to nothing and you can do what you like as a vendor and get away with it. Ho hum. Hopefully won't have to move any time soon...!

Thanks all.
I second this regarding estate agents. Not worth the money. We did ours privately. Identified the property on rightmove, knocked on and said were buy it for x, went a couple of rounds and managed to meet at y. Totally worth it and saved the vendor some cash which they met in the middle on asking price.

All very amicable, we made sure we legally agreed on everything, we used the solicitor to secure the keys.

Job done - bit of an issue with them taking a while to move out on the day (moving people were slow), got into the property @ 6pm in the end. However factored this into the move time whereby we were set to move the next day into an empty house. Bit of pre-planning.

M

surveyor

17,825 posts

184 months

Wednesday 3rd September 2014
quotequote all
LongLiveTazio said:
Wow, thread explosion! I did read this on Friday as things were ongoing but couldn't add an update. Suffice to say that I was glad of some of the legal advice on page 1.

As it turns out, I got the keys albeit late in the day, which massively delayed me moving and had a knock-on effect with van rental etc. In addition, there were various other issues contrary to contract in terms of vacant possession/damage but I have been advised that pursuing such things that would total a few hundred quid is likely to be more hassle than it's worth.

The karma is that the vendor's new house is apparently dreadful, to the extent that he cannot open the windows and the plumbing's fked. My agent was quite happy about this as he had been awful to them but still, life's too short for wishing people ill...

I was actually a FTB and my perception of the whole process is that the estate agent does next to nothing and you can do what you like as a vendor and get away with it. Ho hum. Hopefully won't have to move any time soon...!

Thanks all.
A lot of people forget that the agent acts for the Vendor and not the purchaser. They don't have to like the guy, but ultimately he signs the contract and pays the bill......

LongLiveTazio

Original Poster:

2,714 posts

197 months

Wednesday 3rd September 2014
quotequote all
surveyor said:
A lot of people forget that the agent acts for the Vendor and not the purchaser. They don't have to like the guy, but ultimately he signs the contract and pays the bill......
Yes, of course, but what did they do for the vendor?... Advise him poorly regarding the legalities of the context and slope shoulders accordingly. There was no point in the whole process at which a 'specialist' was needed. As per the poster above, I came away thinking everything could have been done privately/through the solicitors with the same outcome as they didn't do anything esoteric. FWIW I went to maybe four firms when looking and if they were car dealers people would be complaining bitterly...

Still, all's well that ends well, but if I come to sell I certainly think I should go private.

Jon1967x

7,229 posts

124 months

Thursday 4th September 2014
quotequote all
LongLiveTazio said:
Yes, of course, but what did they do for the vendor?.
More like advise them that they can take their time, not worry about factual inaccuracies if they are small as once the sale is done and so long as you're out by the end of the completion date there's little the buyer can do. Some would class that as great advice