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?
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.
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.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.
TheConverted said:
there must be more to it OP, what did the brother say?
He's helping move the stuff.TheConverted said:
what was the extended 'sob story' we all dieing to know.
Bereavement, ill health,woe is me.......TheConverted said:
did he pick his stuff up or have you now got a collection of things with one nutty previous owner?
As I said, it goes tonight or it's mine. They aren't in a strong negotiating position on that one.I keep a good collection of replacement locks, btw.
TroubledSoul said:
Any updates OP? Did he clear off?
He asked me whether he can rent the place from me- he can afford about 50%-60% of the market rate. I did not enthusiastically agree. He then asked about subletting so that he could afford the balance...........On the bright side, he left me a nice leather sofa, a reasonable TV and a nice coffee table.
boyse7en said:
About two months later, he knocked on the door and said he wanted to pick the beans and strawberries he had planted in the garden...
Your crystal ball is f***ing scary- mine has told me he wants to dig up the spuds from the back garden (contract says all plants are mine).In true PH company director style I'm quite a big bloke ("powerfully built", so to speak) and have been a bit assertive. He might not call again.
Edited by Rovinghawk on Sunday 30th November 15:01
In case anyone cares about an update-
I had a couple of texts with veiled threats in them, which I quietly ignored as either legally or physically he doesn't have a cat in hell's chance.
I've since heard that he's been dropped in it for benefit fraud, VAT fraud and insurance fraud. He also has members of his family looking to kick him around the streets, so he might have greater issues on his mind than his possessions, most of which are now nestling comfortably in the local tip.
I had a couple of texts with veiled threats in them, which I quietly ignored as either legally or physically he doesn't have a cat in hell's chance.
I've since heard that he's been dropped in it for benefit fraud, VAT fraud and insurance fraud. He also has members of his family looking to kick him around the streets, so he might have greater issues on his mind than his possessions, most of which are now nestling comfortably in the local tip.
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