Conveyancing and vacant possession

[silentbrown]

We're buying a house and the seller can't get a removal firm booked until early October.

If we don't complete until then, we don't get the stamp duty relief

No chain, no mortgage... Is there any way round this that won't involve a heap of pain?

[98elise]

Complete, and rent the house back to them until they can move.

Edited to add

Do it as a fixed term/holiday rental so that they don't have rights to stay beyond the rental period.

Edited by 98elise on Wednesday 15th September 16:07

[porterpainter]

Lazy fkers

Tell them to hire a van and move their st themselves.

Worse case scenario they can pay their friends in pizza to help them move boxes.

[Psycho Warren]

Tell them to be out before then or you will pull out. or offer them the amount of the relief less than now to stay beyond the deadline.

[Pica-Pica]

Psycho Warren said:

Tell them to be out before then or you will pull out. or offer them the amount of the relief less than now to stay beyond the deadline.

Have you exchanged contracts though?

[surveyor]

Speak to your conveyancer. It’s what you pay them for

[RichardDastardly]

Your conveyancer (or the solicitor supervising them) should be able to draft an additional provision into the contract which states that, though completion will occur now, you will not have any right to take action for breach of the vendor’s obligation to give vacant possession due to the vendor’s possessions being in the property unless full vacant possession is not provided at the agreed later date. The vendor could be granted a temporary fixed term licence in return for a nominal fee permitting them to leave their possessions in the property for the necessary period (in order to avoid any squatter’s rights issue).

However, if you’re buying with a mortgage your conveyancer will need to run this by your lender, and the computer is likely to say no.

[Byker28i]

We bought in May, but didn't get possession until September as it was a holiday rental and they had the summer holidays fully booked at £1k a week. We negotiated some money off based on that.

[silentbrown]

RichardDastardly said:

Your conveyancer (or the solicitor supervising them) should be able to draft an additional provision into the contract which states that, though completion will occur now, you will not have any right to take action for breach of the vendor’s obligation to give vacant possession due to the vendor’s possessions being in the property unless full vacant possession is not provided at the agreed later date. The vendor could be granted a temporary fixed term licence in return for a nominal fee permitting them to leave their possessions in the property for the necessary period (in order to avoid any squatter’s rights issue).

However, if you’re buying with a mortgage your conveyancer will need to run this by your lender, and the computer is likely to say no.

Thanks, that's a good route to pursue. Our conveyancer seems pretty thorough, but maybe not imaginative, so I'll give them a prod!