ChatterBank0 min ago
Property Access Following An Auction
Yesterday, the family sold a property at auction previously occupied by a relative. We assumed that following the downfall of the hammer, the property was effectively owned by the new buyer. Yet having notified various utility companies this morning, they seem surprised when we told them that we can no longer access the property which was our decision as a family. The electricity company wanted us to wait until the completion date of 31st March before giving them final readings!
The details of the auction are as follows. Following a successful bid, the buyer is asked to go to the estate agent's desk where he/she has to pay a deposit of 10% of the sale price. The completion date was 31st March 2016. This date was selected for all properties because of the increase in Stamp Duty that comes into force on 1st April.
The estate agent was issued with keys for the property in order to arrange viewings months ago but I'm not certain if they handed over these keys to the buyer following the receipt of the deposit or if the buyer has to wait until the completion date. So I really don't know if the buyer has the means to access the property between now and the 31st March. It seems to me that surely the buyer can't just walk into the property in the next day or two after paying only 10% of the sale price. Or can they?
The reason I ask is that there are currently some bulbs in flower that I'd like to fetch from the garden before the end of March deadline. I simply forgot to do so before the sale. Despite having come across a spare key for the property, rest assured I have no intention of going into the house itself.
I'm reluctant to contact the estate agent or my solicitor for advice and the legal pack online is simply too legally verbose.
Thank you
The details of the auction are as follows. Following a successful bid, the buyer is asked to go to the estate agent's desk where he/she has to pay a deposit of 10% of the sale price. The completion date was 31st March 2016. This date was selected for all properties because of the increase in Stamp Duty that comes into force on 1st April.
The estate agent was issued with keys for the property in order to arrange viewings months ago but I'm not certain if they handed over these keys to the buyer following the receipt of the deposit or if the buyer has to wait until the completion date. So I really don't know if the buyer has the means to access the property between now and the 31st March. It seems to me that surely the buyer can't just walk into the property in the next day or two after paying only 10% of the sale price. Or can they?
The reason I ask is that there are currently some bulbs in flower that I'd like to fetch from the garden before the end of March deadline. I simply forgot to do so before the sale. Despite having come across a spare key for the property, rest assured I have no intention of going into the house itself.
I'm reluctant to contact the estate agent or my solicitor for advice and the legal pack online is simply too legally verbose.
Thank you
Answers
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I don't understand what the problem is. The house still belongs to the sellers until completion and so the current owners have right of access until then
It is standard practice to give meter readings on the date of completion.
The buyers cannot access the property until the date of completion, unless the sellers expressly agree.
The garden bulbs are a grey area. Fixtures and fittings are normally included the sale (in a nutshell everything that would stay in place if the house were turned upside down) but would the buyer have been aware they were there unless they were in flower?
It is standard practice to give meter readings on the date of completion.
The buyers cannot access the property until the date of completion, unless the sellers expressly agree.
The garden bulbs are a grey area. Fixtures and fittings are normally included the sale (in a nutshell everything that would stay in place if the house were turned upside down) but would the buyer have been aware they were there unless they were in flower?
I think you are agonising
glad the auction went well
auction rules are sightly different and they will probably be looking for completetion in 28 d ( short short short for english transfers ) andit is your family's until then as the others have said
I imagine this is a fambly sale on death and that some of the siblings are sounding off - just go in and take the bulbs for chrissakes - I mean it really is 3/6 worth ....
if you have a spare key then as a co owner you have a right of access
I just suppose that you want to avoid the ear-ache that will result if you do
my sympathies on all points
glad the auction went well
auction rules are sightly different and they will probably be looking for completetion in 28 d ( short short short for english transfers ) andit is your family's until then as the others have said
I imagine this is a fambly sale on death and that some of the siblings are sounding off - just go in and take the bulbs for chrissakes - I mean it really is 3/6 worth ....
if you have a spare key then as a co owner you have a right of access
I just suppose that you want to avoid the ear-ache that will result if you do
my sympathies on all points
I find this quite thought provoking. Taking the matter of the bulbs, the buyer viewed the property less than a week ago and probably saw the snowdrops in flower in the garden border. I've already taken a large clump of the plants for my own garden, but my sister-in-law now regrets that she didn't take some too. If we have free access to the property until the completion date though, I'm failing to understand why I have to ask permission of the buyer to remove some of the snowdrops. How does paying 10% of the selling price allow him to grant or deny me permission to do so?
The house belonged to my father-in-law so obviously we have detailed knowledge of it. We called on him daily and towards the end of his life, he lived with us. We provided meter reading to the gas and electricity company this morning, so I can now understand why they thought this unconventional. Still, there'll be no further consumption there.
Should the new buyers wish to go in to measure up for curtains, blinds etc we have no objection. However until completion, I assume they'd have to accompanied. Obviously we wouldn't want them to have a free-hand between now and that date - I don't want to go up there to find they've demolished the kitchen or something similar before the completion date!
The house belonged to my father-in-law so obviously we have detailed knowledge of it. We called on him daily and towards the end of his life, he lived with us. We provided meter reading to the gas and electricity company this morning, so I can now understand why they thought this unconventional. Still, there'll be no further consumption there.
Should the new buyers wish to go in to measure up for curtains, blinds etc we have no objection. However until completion, I assume they'd have to accompanied. Obviously we wouldn't want them to have a free-hand between now and that date - I don't want to go up there to find they've demolished the kitchen or something similar before the completion date!
bigbana, when the buyer agreed to buy the house the sale would have included fixtures and fixings. You, or whoever is dealing with the estate agent, will have a list showing exactly what is included the sale.
If garden plants are included, they form part of the contract and should not be removed from the garden unless the buyer agrees.
If the buyer does want access before completion he should be accompanied by you or another family member.
If garden plants are included, they form part of the contract and should not be removed from the garden unless the buyer agrees.
If the buyer does want access before completion he should be accompanied by you or another family member.
Thanks Peter. I suppose I'm the sort of person that feels uneasy about meeting the new buyers. There are so many memories of my late father in law and late mother in law that I think I'd end up in tears just talking about them. One member of the family feels that she hopes the new buyers are as happy there as my mother in law was, but for me I think I'd burst into tears just telling someone that!
Thank for your sympathy. I'm trying desperately to remain within the law over this one but it all seems full of pitfalls.
Thank for your sympathy. I'm trying desperately to remain within the law over this one but it all seems full of pitfalls.
they shouldnt have access until completion
and you should let go - it doesnt matter if they knock down the extension to the kitchen whenever
in terms of the meter readings - the utlities are being their usual pain
submit the reading and ask for a bill and then tell the estate agent that you will pay a balancing amount when the new ones move in
when I did it for a deceased tenant - the amount for an empty house over two weeks was £2.47 which was less than a pint of beer
and you should let go - it doesnt matter if they knock down the extension to the kitchen whenever
in terms of the meter readings - the utlities are being their usual pain
submit the reading and ask for a bill and then tell the estate agent that you will pay a balancing amount when the new ones move in
when I did it for a deceased tenant - the amount for an empty house over two weeks was £2.47 which was less than a pint of beer
It's a good point mrblear. I'll check the legal pack which has been published online at the estate agents website. Everything that was to remain was disclosed on the questionnaire that we completed.
Still unethical as it may be, we could always deny knowledge of the missing snowdrops and put the blame on the badgers that root about in the garden at night or alternatively, next doors dogs!
Still unethical as it may be, we could always deny knowledge of the missing snowdrops and put the blame on the badgers that root about in the garden at night or alternatively, next doors dogs!
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