Failure to vacate after completion

[LongLiveTazio]

Hullo,

Would appreciate some help from a solicitor/similar/Soovy etc.

I've completed on a house today. Completion date has been set for nigh-on two weeks. Vendor has been a bit funny over certain things in the past (sigh) and the estate agents have rung me to say that they don't have the keys as his removals van has 'broken down'. I won't go in to details but it's safe to assume this is bullst and he is stalling.

I've rung my solicitor and he's been good so far but informs me that the only thing I can realistically do is sue him for costs incurred, i.e. my own removals people being held up, or needing to stay in a hotel. I was informed that I cannot force him to leave as this would be an eviction (?) even though I technically own the house.

Thing is, how do I prevent him simply keeping hold of the keys for several days whilst he fannies around? I don't own his stuff, even though vacant possession was agreed, but presumably I physically own the house keys, so it wouldn't be unfair for me to demand those and then allow him access at times convenient for me instead of him?

Cheers.

[LongLiveTazio]

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.

[LongLiveTazio]

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.