A question about vacant possession
Discussion
I pick up the keys to my new house tomorrow. Today I got a phone call from the guy living there (the vendor's brother) telling me that I 'need' to let him carry on living there as he has nowhere else to go. This would presumably be rent-free & open ended. There was an extensive sob story to accompany this.
Obviously I have no intention of agreeing to let him stay as this would be walking into a legal minefield. Also, the intention when buying the house was to live in it rather than just hand over money and walk away.
My question is this:
If I broke the contract after exchange I would lose my deposit, 10% of the purchase price. If the other side breaks the contract, would they be liable for the same amount? If not, what would they be liable for?
My idea of justice is that the penalty for one should be the same as for the other but I'm curious as to what the legal position actually is.
Any words of wisdom on this?
Obviously I have no intention of agreeing to let him stay as this would be walking into a legal minefield. Also, the intention when buying the house was to live in it rather than just hand over money and walk away.
My question is this:
If I broke the contract after exchange I would lose my deposit, 10% of the purchase price. If the other side breaks the contract, would they be liable for the same amount? If not, what would they be liable for?
My idea of justice is that the penalty for one should be the same as for the other but I'm curious as to what the legal position actually is.
Any words of wisdom on this?
^^This ^^
OP it's not 100% clear from your post whether you have exchanged contracts. The vendor(s) or their agent should not be releasing the keys until this has been done. Unless it's a buy-to-let with an existing tenant in situ (which itself has implications) then the property should be sold with vacant possession. The contact will usually stipulate a time by which said possession must be given - 2pm is common IIRC. The brother has no right to be there after completion. His housing problem is not your concern, other than the challenge of getting him out of course.
Found this which may be a starting point in discussion with your solicitor - http://www.bsdr.com/what-is-vacant-possession.aspx
Where vacant possession is being given on the sale of property a buyer has several options prior to completion: he can apply for specific performance (including the giving of vacant possession) and damages; he can rescind the contract and recover the deposit, plus claim damages; or he can proceed to completion and then claim damages. If the buyer only discovers that vacant possession has not been given after completion he is probably still able to terminate, provided that he takes action as soon as he discovers this. The availability and amount of damages depends on any express terms, the particular circumstances and the nature of any losses.
The vendor needs to understand that his brother may be about to cause him a shedload of grief.
OP it's not 100% clear from your post whether you have exchanged contracts. The vendor(s) or their agent should not be releasing the keys until this has been done. Unless it's a buy-to-let with an existing tenant in situ (which itself has implications) then the property should be sold with vacant possession. The contact will usually stipulate a time by which said possession must be given - 2pm is common IIRC. The brother has no right to be there after completion. His housing problem is not your concern, other than the challenge of getting him out of course.
Found this which may be a starting point in discussion with your solicitor - http://www.bsdr.com/what-is-vacant-possession.aspx
Where vacant possession is being given on the sale of property a buyer has several options prior to completion: he can apply for specific performance (including the giving of vacant possession) and damages; he can rescind the contract and recover the deposit, plus claim damages; or he can proceed to completion and then claim damages. If the buyer only discovers that vacant possession has not been given after completion he is probably still able to terminate, provided that he takes action as soon as he discovers this. The availability and amount of damages depends on any express terms, the particular circumstances and the nature of any losses.
The vendor needs to understand that his brother may be about to cause him a shedload of grief.
Red Devil said:
OP it's not 100% clear from your post whether you have exchanged contracts.
Contracts exchanged 2 weeks ago- completion date 26th at vendor's request.Red Devil said:
Unless it's a buy-to-let with an existing tenant in situ
No- simple sale, vacant possession.Red Devil said:
Found this which may be a starting point in discussion with your solicitor - http://www.bsdr.com/what-is-vacant-possession.aspx
Thank you.Red Devil said:
The vendor needs to understand that his brother may be about to cause him a shedload of grief.
Vendor has just turned up on my doorstep guaranteeing his brother will be gone & all locks changed in case of silliness. I think he'd prefer a family fight to a court battle.Many thanks to you & to the others.
Rovinghawk said:
Vendor has just turned up on my doorstep guaranteeing his brother will be gone & all locks changed in case of silliness. I think he'd prefer a family fight to a court battle.
Many thanks to you & to the others.
Speak to your solicitor, but I would want to see the place empty before completing in the light of the above.Many thanks to you & to the others.
Rovinghawk said:
I pick up the keys to my new house tomorrow. Today I got a phone call from the guy living there (the vendor's brother) telling me that I 'need' to let him carry on living there as he has nowhere else to go. This would presumably be rent-free & open ended. There was an extensive sob story to accompany this.
Obviously I have no intention of agreeing to let him stay as this would be walking into a legal minefield. Also, the intention when buying the house was to live in it rather than just hand over money and walk away.
My question is this:
If I broke the contract after exchange I would lose my deposit, 10% of the purchase price. If the other side breaks the contract, would they be liable for the same amount? If not, what would they be liable for?
My idea of justice is that the penalty for one should be the same as for the other but I'm curious as to what the legal position actually is.
Any words of wisdom on this?
Your solicitor should have got this chap to be party to the contract. In fact are you sure he wasn't? It will probably only take a few stern words to get rid of him.Obviously I have no intention of agreeing to let him stay as this would be walking into a legal minefield. Also, the intention when buying the house was to live in it rather than just hand over money and walk away.
My question is this:
If I broke the contract after exchange I would lose my deposit, 10% of the purchase price. If the other side breaks the contract, would they be liable for the same amount? If not, what would they be liable for?
My idea of justice is that the penalty for one should be the same as for the other but I'm curious as to what the legal position actually is.
Any words of wisdom on this?
O/T I had a landlady not move out her flat when I moved in because she "had nowhere else to go". Happily she was quite hot and we had sex regularly until she found somewhere. I'm guessing the man in question here is unlikely to be your cup of tea?
Eleven said:
Your solicitor should have got this chap to be party to the contract. In fact are you sure he wasn't? It will probably only take a few stern words to get rid of him.
CThis is why pre-contract enquiries usually have a question asking who is living in the property and where they are moving too, so that there are no nasty surprises on completion day.Eleven said:
Your solicitor should have got this chap to be party to the contract. In fact are you sure he wasn't?
His existence was a complete surprise to us both- I'd been told the place was empty.Eleven said:
It will probably only take a few stern words to get rid of him.
His brother is having those words right now.Eleven said:
I'm guessing the man in question here is unlikely to be your cup of tea?
I've been mostly straight since public school & the guy is old, dumb and really not my type.BobSaunders said:
1040hrs. Update please. I only have a presentation to write today and need the excitement.
Rovinghawk has rediscovered the joys of homosexuality and realised that old, dumb men are actually to his liking. He has allowed the chap to stay and they are going shopping at Laura Ashley later for some new curtains.Rovinghawk said:
I turned up at the house to find him & his idiot mate still there, very little of his stuff packed & an upgraded sob story.
I gave him a few minutes to pack some essentials then he & mate were guided to the door.
I gave him a few minutes to pack some essentials then he & mate were guided to the door.
Did you advise him to stay with his mate? Wtf was he still there for?
TroubledSoul said:
Did you advise him to stay with his mate? Wtf was he still there for?
He is staying with his mate. He was still there as he believed I'd have a change of heart & let him live in my house indefinitely & rent free.His stuff is now mostly in boxes in the garage. It leaves tonight. The alternative I've given is that anything remaining in the house is mine to do with as I see fit.
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