Moving out before we can move in
Discussion
We're in the process of moving house, a nice easy move with a first-time buyer moving into ours and us moving to an empty property (previous owner died leaving the property to his Sons).
A bit of a snag has cropped up and I'm looking for the opinions of PHers as to my options. I've asked the same question of my Solicitor but I'm looking for options.
Our buyer has been given notice from his landlord and needs to out in 3 weeks however it turns out that the seller of our house doesn't technically have the required paperwork proving he can see it so this might take a little extra time. I can't recall exactly which particular document they don't have, sorry.
So that would mean either our buyer moves into temporary accommodation (you might argue we should he, it's not his fault it's delayed but then it's his unfortunate circumstances that dictate that date). Alternatively we move into temporary accommodation.
As it happens, the house we're moving into was previously rented out to other tenants, so one option that we've discussed is that we move into the house as tenants whilst the remaining paperwork is resolved and rent it for a nominal rate i.e. below the market rate with a condition that it's paid upon completion of the house sale. This means that there is no benefit to the seller to drag with the sale but at least he gets some cash whilst the paperwork continues!
Is the above option feasible, recommended or are there any other options? Hopefully it'll just go through in time and it'll just be a mad rush at the end.
Thanks
A bit of a snag has cropped up and I'm looking for the opinions of PHers as to my options. I've asked the same question of my Solicitor but I'm looking for options.
Our buyer has been given notice from his landlord and needs to out in 3 weeks however it turns out that the seller of our house doesn't technically have the required paperwork proving he can see it so this might take a little extra time. I can't recall exactly which particular document they don't have, sorry.
So that would mean either our buyer moves into temporary accommodation (you might argue we should he, it's not his fault it's delayed but then it's his unfortunate circumstances that dictate that date). Alternatively we move into temporary accommodation.
As it happens, the house we're moving into was previously rented out to other tenants, so one option that we've discussed is that we move into the house as tenants whilst the remaining paperwork is resolved and rent it for a nominal rate i.e. below the market rate with a condition that it's paid upon completion of the house sale. This means that there is no benefit to the seller to drag with the sale but at least he gets some cash whilst the paperwork continues!
Is the above option feasible, recommended or are there any other options? Hopefully it'll just go through in time and it'll just be a mad rush at the end.
Thanks
MagicalTrevor said:
We're in the process of moving ... to an empty property (previous owner died leaving the property to his Sons).
... however it turns out that the seller of our house doesn't technically have the required paperwork proving he can see it so this might take a little extra time. I can't recall exactly which particular document they don't have, sorry.
Find out quickly if it's a grant of probate that's missing. If so, you and your buyer could be in for a VERY long wait. Months, not weeks.... however it turns out that the seller of our house doesn't technically have the required paperwork proving he can see it so this might take a little extra time. I can't recall exactly which particular document they don't have, sorry.
Why estate agents market properties where inheritance hasn't been fully settled, I don't know. Add rant here...
The simplest solution is for your buyer to talk to his landlord about staying a bit longer.
Just because he's been given notice doesn't mean he absolutely positively definitely has to be out on that date - that's just the earliest date that the landlord can commence eviction proceedings. If he was so minded, he could drag out failing to move until eviction goes all the way through court (at the landlord's expense), so it's in the landlord's interest to be sensible and civil about it all, too.
If the landlord's been daft enough to give a move-in date to a replacement tenant, then that's his own fault.
Just because he's been given notice doesn't mean he absolutely positively definitely has to be out on that date - that's just the earliest date that the landlord can commence eviction proceedings. If he was so minded, he could drag out failing to move until eviction goes all the way through court (at the landlord's expense), so it's in the landlord's interest to be sensible and civil about it all, too.
If the landlord's been daft enough to give a move-in date to a replacement tenant, then that's his own fault.
EskimoArapaho said:
Find out quickly if it's a grant of probate that's missing. If so, you and your buyer could be in for a VERY long wait. Months, not weeks.
Why estate agents market properties where inheritance hasn't been fully settled, I don't know. Add rant here...
Yes, grant of probate rings a bell... crap!Why estate agents market properties where inheritance hasn't been fully settled, I don't know. Add rant here...
EskimoArapaho said:
Find out quickly if it's a grant of probate that's missing. If so, you and your buyer could be in for a VERY long wait. Months, not weeks.
Why estate agents market properties where inheritance hasn't been fully settled, I don't know. Add rant here...
+1Why estate agents market properties where inheritance hasn't been fully settled, I don't know. Add rant here...
Grant of probate for my late father applied for in November, didn't get it until around March if I recall correctly.
The old fella that lived there died in March... I'm hoping that the grant of probate is now in progress. Is it a process that the seller's solicitor should be able to advise how long it will take and where they are in the process i.e. to give an indication of how long we'll need to wait or is it a 'how long's a piece of string' type question?
I'm guessing the latter!
As said above... why they're allowed to market a house that's not ready for sale, I don't know!
I'm guessing the latter!
As said above... why they're allowed to market a house that's not ready for sale, I don't know!
MagicalTrevor said:
Yes, grant of probate rings a bell... crap!
Fingers crossed that it's soon done.It seems that lots of people get ££££ signs in their eyes as soon as Mum/Dad pops their clogs and they then put the home on the market far too soon. I eventually had to walk away from a purchase where probate was pending, losing survey and some solicitor fees.
MagicalTrevor said:
As said above... why they're allowed to market a house that's not ready for sale, I don't know!
It's not quite that simple...Probate is granted when the estate is all settled. At that point, the house belongs to the person who inherited it (but it might take a bit of time for the paperwork to all settle and the house be fully "in their name").
Before then, it still belongs to the estate of the deceased. That doesn't mean it can't be sold - it just means that the person selling it is the executor of the will, rather than whoever inherits. They may, of course, be the same person wearing different hats. The executor might NEED to sell the house, in order for probate to be granted - if, say, the money from it is needed for IHT or is being distributed to several people.
I suspect what's happened here is that the vendor is the person inheriting it, but they aren't the executor. EAs don't check all the paperwork before the house is put on the market - that's the job of the solicitors once a sale's progressing. It's the job of the person selling to know if they actually own the house or not...
Ok, further developments in the short time since is started the thread.
Each with a laptop in hand my Wife and I started investigating in true PH style, the seller doesn't own an MX5 but he does appear to have probate for the house (we did an online search and found it). The old fella died in March and probate was granted in June. So now I'm puzzled as to why his solicitor hasn't provided this information to ours. Curiouser and curiouser said Alice!
Thanks for the assistance so far, the saga continues
Each with a laptop in hand my Wife and I started investigating in true PH style, the seller doesn't own an MX5 but he does appear to have probate for the house (we did an online search and found it). The old fella died in March and probate was granted in June. So now I'm puzzled as to why his solicitor hasn't provided this information to ours. Curiouser and curiouser said Alice!
Thanks for the assistance so far, the saga continues
Our house sale fell through so we agreed to rent our new home off the vendor whilst looking for a new buyer for ours. 4 months renting via a tenants contract at a nominal rate and we completed the sale.
Can be done. The seller was a bit if an angry tosser though so had to tread carefully and let him have his own way on a number of sticking points. We did get a bargain though so had to suck it up.
Can be done. The seller was a bit if an angry tosser though so had to tread carefully and let him have his own way on a number of sticking points. We did get a bargain though so had to suck it up.
MagicalTrevor said:
Ok, further developments in the short time since is started the thread.
Each with a laptop in hand my Wife and I started investigating in true PH style, the seller doesn't own an MX5 but he does appear to have probate for the house (we did an online search and found it). The old fella died in March and probate was granted in June. So now I'm puzzled as to why his solicitor hasn't provided this information to ours. Curiouser and curiouser said Alice!
Thanks for the assistance so far, the saga continues
Hopefully that's good news (I didn't know you could look it up, certainly wasn't possible back in 2000).Each with a laptop in hand my Wife and I started investigating in true PH style, the seller doesn't own an MX5 but he does appear to have probate for the house (we did an online search and found it). The old fella died in March and probate was granted in June. So now I'm puzzled as to why his solicitor hasn't provided this information to ours. Curiouser and curiouser said Alice!
Thanks for the assistance so far, the saga continues
Could it be that the seller has other reasons for dithering and is using this as an excuse for delay?
TooMany2cvs said:
It's not quite that simple...
Probate is granted when the estate is all settled.
Really? What do you mean by settled? You need a grant of probate or letters of administration before any distribution can take place. Jumping the gun has the potential to land you in all sorts of trouble.Probate is granted when the estate is all settled.
If you mean by settled, the collation of all the information needed to satisfy HMRC then fair enough but that's not what I would understand the word to mean. The relevant forms for a grant of probate are the PA1 and IHT205 or IHT400.
MagicalTrevor said:
Ok, further developments in the short time since is started the thread.
Each with a laptop in hand my Wife and I started investigating in true PH style, the seller doesn't own an MX5 but he does appear to have probate for the house (we did an online search and found it). The old fella died in March and probate was granted in June. So now I'm puzzled as to why his solicitor hasn't provided this information to ours. Curiouser and curiouser said Alice!
Thanks for the assistance so far, the saga continues
Who obtained the grant of probate? Who is 'the seller'?Each with a laptop in hand my Wife and I started investigating in true PH style, the seller doesn't own an MX5 but he does appear to have probate for the house (we did an online search and found it). The old fella died in March and probate was granted in June. So now I'm puzzled as to why his solicitor hasn't provided this information to ours. Curiouser and curiouser said Alice!
Thanks for the assistance so far, the saga continues
MagicalTrevor said:
We're in the process of moving house, a nice easy move with a first-time buyer moving into ours and us moving to an empty property (previous owner died leaving the property to his Sons).
Probate granted suggests to me to two possibilities.1. A dilatory (or very thorough) solicitor
2. A dispute between the beneficiaries about title and/or sale of the property.
In the latter case it could be that one son wants to keep it and buy out the other(s). Has the registered title been transferred yet and, if so, to whom?
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