Purchasing a house - seller doesn’t vacate (legal questions)
Discussion
Firstly, this all relates to Scotland.
My partner and I purchased a property at auction (we purchased it blind) intended as a buy to let (this isn’t our first). The completion date was Friday 15 September.
We received a call on the Friday afternoon saying the seller had moved out and we could collect the keys. We arrived Friday evening and were met by the seller - still living in the property, fully furnished with everything as normal. They stated that they hadn’t secured a new property as they hadn’t received the funds in full as of yet so had nowhere to go (not our problem!). We made no progress over the weekend due to our solicitors being closed etc.
Last week our solicitor advised that they would raise an action for breach of missives on the basis that the property was not vacant. We made direct contact with the seller and instructed that they must vacate the property with all possessions by Friday 22 September at 12 noon. Our solicitor also advised the seller’s solicitor of this.
We arrived just after 12 noon on Friday and the property was still fully furnished with the sellers living in it. We walked in (it’s our property!) and looked around and everything was there, furniture, ornaments, photos on the wall etc. The seller said they had been let down for a van so couldn’t move their things but had secured a new property to move to. After they finally left with a couple of bags of items, we inspected the property and there is a full blown pigeon infestation on the balcony of the flat - I’m talking around 30 live pigeons, maybe 20 dead and all the other unpleasant findings you get with pigeons.
Fast forward to today - they moved mostly clothes out on Friday afternoon but have left all furniture and other belongings and haven’t returned to the property, despite our repeat phone calls and messages to them. This morning our solicitor is now saying that the seller’s solicitor is going to release the balance of funds in full to their client and we need to raise a court action to arrest the funds either from the seller or their solicitor.
Are our hands really that tied? We have been quoted £920 to remove and dispose of all their belongings and furniture and deep clean the property. The pigeon infestation is a whole other problem we need to get a quote for. I’m astounded that someone can sell a property, act this way and have no repercussions whilst we’re left with this problem? We were due to decorate and rent the property as of 1 October but clearly that can’t happen either.
Any advice or thoughts would be welcomed!
My partner and I purchased a property at auction (we purchased it blind) intended as a buy to let (this isn’t our first). The completion date was Friday 15 September.
We received a call on the Friday afternoon saying the seller had moved out and we could collect the keys. We arrived Friday evening and were met by the seller - still living in the property, fully furnished with everything as normal. They stated that they hadn’t secured a new property as they hadn’t received the funds in full as of yet so had nowhere to go (not our problem!). We made no progress over the weekend due to our solicitors being closed etc.
Last week our solicitor advised that they would raise an action for breach of missives on the basis that the property was not vacant. We made direct contact with the seller and instructed that they must vacate the property with all possessions by Friday 22 September at 12 noon. Our solicitor also advised the seller’s solicitor of this.
We arrived just after 12 noon on Friday and the property was still fully furnished with the sellers living in it. We walked in (it’s our property!) and looked around and everything was there, furniture, ornaments, photos on the wall etc. The seller said they had been let down for a van so couldn’t move their things but had secured a new property to move to. After they finally left with a couple of bags of items, we inspected the property and there is a full blown pigeon infestation on the balcony of the flat - I’m talking around 30 live pigeons, maybe 20 dead and all the other unpleasant findings you get with pigeons.
Fast forward to today - they moved mostly clothes out on Friday afternoon but have left all furniture and other belongings and haven’t returned to the property, despite our repeat phone calls and messages to them. This morning our solicitor is now saying that the seller’s solicitor is going to release the balance of funds in full to their client and we need to raise a court action to arrest the funds either from the seller or their solicitor.
Are our hands really that tied? We have been quoted £920 to remove and dispose of all their belongings and furniture and deep clean the property. The pigeon infestation is a whole other problem we need to get a quote for. I’m astounded that someone can sell a property, act this way and have no repercussions whilst we’re left with this problem? We were due to decorate and rent the property as of 1 October but clearly that can’t happen either.
Any advice or thoughts would be welcomed!
HomesRose said:
Firstly, this all relates to Scotland.
My partner and I purchased a property at auction (we purchased it blind) intended as a buy to let (this isn’t our first). The completion date was Friday 15 September.
We received a call on the Friday afternoon saying the seller had moved out and we could collect the keys. We arrived Friday evening and were met by the seller - still living in the property, fully furnished with everything as normal. They stated that they hadn’t secured a new property as they hadn’t received the funds in full as of yet so had nowhere to go (not our problem!). We made no progress over the weekend due to our solicitors being closed etc.
Last week our solicitor advised that they would raise an action for breach of missives on the basis that the property was not vacant. We made direct contact with the seller and instructed that they must vacate the property with all possessions by Friday 22 September at 12 noon. Our solicitor also advised the seller’s solicitor of this.
We arrived just after 12 noon on Friday and the property was still fully furnished with the sellers living in it. We walked in (it’s our property!) and looked around and everything was there, furniture, ornaments, photos on the wall etc. The seller said they had been let down for a van so couldn’t move their things but had secured a new property to move to. After they finally left with a couple of bags of items, we inspected the property and there is a full blown pigeon infestation on the balcony of the flat - I’m talking around 30 live pigeons, maybe 20 dead and all the other unpleasant findings you get with pigeons.
Fast forward to today - they moved mostly clothes out on Friday afternoon but have left all furniture and other belongings and haven’t returned to the property, despite our repeat phone calls and messages to them. This morning our solicitor is now saying that the seller’s solicitor is going to release the balance of funds in full to their client and we need to raise a court action to arrest the funds either from the seller or their solicitor.
Are our hands really that tied? We have been quoted £920 to remove and dispose of all their belongings and furniture and deep clean the property. The pigeon infestation is a whole other problem we need to get a quote for. I’m astounded that someone can sell a property, act this way and have no repercussions whilst we’re left with this problem? We were due to decorate and rent the property as of 1 October but clearly that can’t happen either.
Any advice or thoughts would be welcomed!
I think you've been far too reasonable. My partner and I purchased a property at auction (we purchased it blind) intended as a buy to let (this isn’t our first). The completion date was Friday 15 September.
We received a call on the Friday afternoon saying the seller had moved out and we could collect the keys. We arrived Friday evening and were met by the seller - still living in the property, fully furnished with everything as normal. They stated that they hadn’t secured a new property as they hadn’t received the funds in full as of yet so had nowhere to go (not our problem!). We made no progress over the weekend due to our solicitors being closed etc.
Last week our solicitor advised that they would raise an action for breach of missives on the basis that the property was not vacant. We made direct contact with the seller and instructed that they must vacate the property with all possessions by Friday 22 September at 12 noon. Our solicitor also advised the seller’s solicitor of this.
We arrived just after 12 noon on Friday and the property was still fully furnished with the sellers living in it. We walked in (it’s our property!) and looked around and everything was there, furniture, ornaments, photos on the wall etc. The seller said they had been let down for a van so couldn’t move their things but had secured a new property to move to. After they finally left with a couple of bags of items, we inspected the property and there is a full blown pigeon infestation on the balcony of the flat - I’m talking around 30 live pigeons, maybe 20 dead and all the other unpleasant findings you get with pigeons.
Fast forward to today - they moved mostly clothes out on Friday afternoon but have left all furniture and other belongings and haven’t returned to the property, despite our repeat phone calls and messages to them. This morning our solicitor is now saying that the seller’s solicitor is going to release the balance of funds in full to their client and we need to raise a court action to arrest the funds either from the seller or their solicitor.
Are our hands really that tied? We have been quoted £920 to remove and dispose of all their belongings and furniture and deep clean the property. The pigeon infestation is a whole other problem we need to get a quote for. I’m astounded that someone can sell a property, act this way and have no repercussions whilst we’re left with this problem? We were due to decorate and rent the property as of 1 October but clearly that can’t happen either.
Any advice or thoughts would be welcomed!
Firstly, change the locks
Secondly, shift all their stuff outside
Thirdly, get on with life.
Forget claiming money for cleaning the place etc. just refurb the place and let it out.
I don't know about Scottish law, but having recently sold my house south of the border, my purchasers solicitor insisted that me, my wife and eldest daughter (over 18) sign a sitting tenant waiver prior to exchange. Maybe you should take this up with your solicitor and ask why this step wasn't taken?
S100HP said:
HomesRose said:
Firstly, this all relates to Scotland.
My partner and I purchased a property at auction (we purchased it blind) intended as a buy to let (this isn’t our first). The completion date was Friday 15 September.
We received a call on the Friday afternoon saying the seller had moved out and we could collect the keys. We arrived Friday evening and were met by the seller - still living in the property, fully furnished with everything as normal. They stated that they hadn’t secured a new property as they hadn’t received the funds in full as of yet so had nowhere to go (not our problem!). We made no progress over the weekend due to our solicitors being closed etc.
Last week our solicitor advised that they would raise an action for breach of missives on the basis that the property was not vacant. We made direct contact with the seller and instructed that they must vacate the property with all possessions by Friday 22 September at 12 noon. Our solicitor also advised the seller’s solicitor of this.
We arrived just after 12 noon on Friday and the property was still fully furnished with the sellers living in it. We walked in (it’s our property!) and looked around and everything was there, furniture, ornaments, photos on the wall etc. The seller said they had been let down for a van so couldn’t move their things but had secured a new property to move to. After they finally left with a couple of bags of items, we inspected the property and there is a full blown pigeon infestation on the balcony of the flat - I’m talking around 30 live pigeons, maybe 20 dead and all the other unpleasant findings you get with pigeons.
Fast forward to today - they moved mostly clothes out on Friday afternoon but have left all furniture and other belongings and haven’t returned to the property, despite our repeat phone calls and messages to them. This morning our solicitor is now saying that the seller’s solicitor is going to release the balance of funds in full to their client and we need to raise a court action to arrest the funds either from the seller or their solicitor.
Are our hands really that tied? We have been quoted £920 to remove and dispose of all their belongings and furniture and deep clean the property. The pigeon infestation is a whole other problem we need to get a quote for. I’m astounded that someone can sell a property, act this way and have no repercussions whilst we’re left with this problem? We were due to decorate and rent the property as of 1 October but clearly that can’t happen either.
Any advice or thoughts would be welcomed!
I think you've been far too reasonable. My partner and I purchased a property at auction (we purchased it blind) intended as a buy to let (this isn’t our first). The completion date was Friday 15 September.
We received a call on the Friday afternoon saying the seller had moved out and we could collect the keys. We arrived Friday evening and were met by the seller - still living in the property, fully furnished with everything as normal. They stated that they hadn’t secured a new property as they hadn’t received the funds in full as of yet so had nowhere to go (not our problem!). We made no progress over the weekend due to our solicitors being closed etc.
Last week our solicitor advised that they would raise an action for breach of missives on the basis that the property was not vacant. We made direct contact with the seller and instructed that they must vacate the property with all possessions by Friday 22 September at 12 noon. Our solicitor also advised the seller’s solicitor of this.
We arrived just after 12 noon on Friday and the property was still fully furnished with the sellers living in it. We walked in (it’s our property!) and looked around and everything was there, furniture, ornaments, photos on the wall etc. The seller said they had been let down for a van so couldn’t move their things but had secured a new property to move to. After they finally left with a couple of bags of items, we inspected the property and there is a full blown pigeon infestation on the balcony of the flat - I’m talking around 30 live pigeons, maybe 20 dead and all the other unpleasant findings you get with pigeons.
Fast forward to today - they moved mostly clothes out on Friday afternoon but have left all furniture and other belongings and haven’t returned to the property, despite our repeat phone calls and messages to them. This morning our solicitor is now saying that the seller’s solicitor is going to release the balance of funds in full to their client and we need to raise a court action to arrest the funds either from the seller or their solicitor.
Are our hands really that tied? We have been quoted £920 to remove and dispose of all their belongings and furniture and deep clean the property. The pigeon infestation is a whole other problem we need to get a quote for. I’m astounded that someone can sell a property, act this way and have no repercussions whilst we’re left with this problem? We were due to decorate and rent the property as of 1 October but clearly that can’t happen either.
Any advice or thoughts would be welcomed!
Firstly, change the locks
Secondly, shift all their stuff outside
Thirdly, get on with life.
Forget claiming money for cleaning the place etc. just refurb the place and let it out.
We changed the locks at 1pm on Friday - I wouldn’t risk anything with these people.
We found letters confirming drug abuse in the property (they were on a urine testing programme) so we need specialist cleaners in to gut the place. My skin is crawling thinking about it!
SantaBarbara said:
HomesRose said:
It’s all scrap, the only possible value is the white goods. The rest is junk.
No it is NOT junk, it is their prised posessionsPrized possessions in this instance would appear to be a spoon and a lighter.
Shoot the dog, burn the furniture and get your business up and running. Or have the local dog people remove the poor mut and the local rag and bone men empty the property then get the disease people in to dissenfect the place.
When buying from auction I would assume that the property is being dumped via this route due to a massive loser being involved somewhere so it seems normal to expect faecal waste in the wrong places etc.
Can your solicitors not quickly appraise you as to how positively you can act and remain protected by law?
Shoot the dog, burn the furniture and get your business up and running. Or have the local dog people remove the poor mut and the local rag and bone men empty the property then get the disease people in to dissenfect the place.
When buying from auction I would assume that the property is being dumped via this route due to a massive loser being involved somewhere so it seems normal to expect faecal waste in the wrong places etc.
Can your solicitors not quickly appraise you as to how positively you can act and remain protected by law?
Edited by DonkeyApple on Monday 25th September 11:01
HomesRose said:
Here’s the photos: https://imgur.com/a/GxDrA
looks like a really sad tale.Did they own the property or were they tenants?
DonkeyApple said:
Prized possessions in this instance would appear to be a spoon and a lighter.
Shoot the dog, burn the furniture and get your business up and running. Or have the local dog people remove the poor mut and the local rag and bone men empty the property then get the disease people in to dissenfect the place.
When buying from auction I would assume that the property is being dumped via this route due to a massive loser being involved somewhere so it seems normal to expect faecal waste in the wrong places etc.
Can your solicitors not quickly appraise you as to how positively you can act and remain protected by law?
Yeah they made some kind of arrangement before the property was repossessed hence why it went to auction for a quick sale so it wouldn’t surprise me if we found all kind of nice things once we started digging. Shoot the dog, burn the furniture and get your business up and running. Or have the local dog people remove the poor mut and the local rag and bone men empty the property then get the disease people in to dissenfect the place.
When buying from auction I would assume that the property is being dumped via this route due to a massive loser being involved somewhere so it seems normal to expect faecal waste in the wrong places etc.
Can your solicitors not quickly appraise you as to how positively you can act and remain protected by law?
Edited by DonkeyApple on Monday 25th September 11:01
desolate said:
HomesRose said:
Here’s the photos: https://imgur.com/a/GxDrA
looks like a really sad tale.Did they own the property or were they tenants?
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