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Owners not vacating property on completion

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  • Owners not vacating property on completion

    Hi everyone.

    I moved my girlfriend into her new flat in Bristol yesterday. We had a phone call from solicitor at 12:30 to say she had completed and we arrived at the new property at 13:40.

    It is a shared ownership property and there was no estate agent involved she therefore had to receive the keys from the previous owner at the property.

    The previous owner refused to hand over the keys as he had not finished moving his belongings out and he would not give her a room to move her belongings into.

    My girlfriends solicitor said he had to give us the keys and his solicitor advised him to at least give us a room to move into, he refused both.

    She eventually got the keys from him at 18:45hrs.

    Has anyone else experienced such behaviour and what recompense should she expect. She lost a days work as she had to move in the following day and rented a van for an extra day.

    Thanks in advance
    dexy

  • #2
    Re: Owners not vacating property on completion

    HI the solicitor acting for you should serve a notice to complete on the buyer as that it the reason you have contracts exchanged at a set time, this means that the seller should be compelled to pay a fee in respect of failure to complete usually around £120 dependant on where you live and your sols terms etc

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    • #3
      Re: Owners not vacating property on completion

      Thanks gems31.

      That is exactly what the solicitor has done today.

      Comment


      • #4
        Re: Owners not vacating property on completion

        Serving the notic eto ocmpelte is a fat lot of use as it only compels them to compelte withina specificed time and they have now doen so - so why bother withe the notice? So the solciitor can charge the fee! However you don't get that!

        Your solicitor should be seeking compensation for late completion - which frankly may be difficult to obtain in practice as the amount involved is likely to be less than the cost of getting it from the seller.
        RICHARD WEBSTERwww.rwco.co.uk
        As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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        • #5
          Re: Owners not vacating property on completion

          Hi Richard

          I guess you are a solicitor so I shall bow to your superior knowledge.

          I know the term 'notice to complete' does not make sense as gf has already completed. I just assumed it was a legal term and it was being done retrospectively. Also they did not complete within the specified time they were 4hrs 45mins late.

          Solicitor is seeking compensation for late completion. When you say solicitor can 'charge the fee.' Who do they charge? Their own client?

          Kind regards
          Dexy

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          • #6
            Re: Owners not vacating property on completion

            It very often is a contract term that if a solicitor has to serve a notice to complete the defaulting party has to pay the fees of the solicitors serving the notice - typically £100-£150.

            As far as late completion is concerned as far as possible the best way to deal with it is to seek to prevent it by making sure as far as you can before completion that the seller is packed up and ready to go and that he understands he is meant to be out by lunchtime. A lot of people simply don't realise how long it will take to empty a place of their stuff.
            RICHARD WEBSTERwww.rwco.co.uk
            As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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