How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

Hi, I am due to sell my house, we have already exchanged.

Customer Question

Hi,

I am due to sell my house, we have already exchanged. Completion date is tomorrow. We are part of a key worker scheme. Thames valley council asked for a valuation to be done last minute, we managed to get this done but now the Housing association, yorkshire housing are saying the same thing and they are not accepting the valuation we had done last minute.

How have we got to this point? What can we do and who is liable if the completion does not go ahead?

please advise

Neil
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : I do not quite underatand how the council is invoked
Alex Watts : i do not understand how the council is involved please?
JACUSTOMER-jewb6jo7- :

The building society said that the solicitors should not have left it to the last minute to have asked for redemption figures.

JACUSTOMER-jewb6jo7- :

Solitors said that is a survey was attached to the mortgage then they would never had exchanged

JACUSTOMER-jewb6jo7- :

Thames Vally are involved as they supplied the load under the key worker scheme.

JACUSTOMER-jewb6jo7- :

is it the solicitors responsibility to know whether redemption figures are required before completion? who is liable?

JACUSTOMER-jewb6jo7- :

Thames Valley council are happy it is just the housing association that are not happy. They did not accept the valuation that we had done last minute. Hope that makes sense.

Alex Watts :

If you have exchanged then it would appear you are committed. It sounds as if your Solicitor should have made sure everything was in order before there was an exchange. This was done done, so it does appear on the face of it that your Solicitor is liable.

Alex Watts :

Potentially you do have a claim against your Solicitor if you have lost anything and they have been negligent. A Solicitor should make sure everything is correct and in place before an exchange takes place as one this happens either party can NOT pull out.

Alex Watts :

Can I clarify anything for you about this today please? Alex

JACUSTOMER-jewb6jo7- :

Hi Alex,

JACUSTOMER-jewb6jo7- :

that is great, Thanks. They have come back to us and said that the exchange definately won't happen for another 3 weeks now, it has been delayed. Does this mean that we will have to make another mortgage payment? It is due at the end of the month? Any advice on where we go from here would be much appreciated. Do we just have to wait and let the solicitors fight it out?

JACUSTOMER-jewb6jo7- :

Also,

JACUSTOMER-jewb6jo7- :

This whole process has now been delayed for 3 weeks but the buyers are still very keen to move in, they have given notice on their rented accomodation. Could we allow them to rent our property for 3 weeks or until completed? Are there any implications in doing this?

Alex Watts :

If you are due to sell your house then until you complete you are liable for mortgage payments. If your new house is mortgaged then you only pay when you complete.

Alex Watts :

If this answers your question, please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

JACUSTOMER-jewb6jo7- :

Hi Alex,

Alex Watts :

Hi

JACUSTOMER-jewb6jo7- :

We are renting and are not waiting to buy another property. We will be in a position that we will be paying rent and the mortage if we don't complete. What are the implications of letting the buyers rent ou property while we wait for completion as they do want to move in>

Alex Watts :

No, you either pay one or the other. You either continue to pay rent until you complete but you dont pay mortgage payments until you complete as the property is not yours.

JACUSTOMER-jewb6jo7- :

Oh OK, so we don't have to pay the mortgage once we have exchanged? No one will be liable for paying the mortagage until the completion has gone through? Please confirm?

Alex Watts :

Yes that is right.

JACUSTOMER-jewb6jo7- :

that is very helpful.

JACUSTOMER-jewb6jo7- :

thanks

Alex Watts :

Thats because you dont actually own it until you complete.

Alex Watts :

If I could invite you to rate my service before you leave today, hopefully it has been excellent. If you do need more help or information please click reply. Thanks – Alex.

JACUSTOMER-jewb6jo7- :

What about bills? do we need to cancel all of these now and let the providers know that we are no longer at the property? Thanks for your help.

Alex Watts :

You should not have to pay for anything such as utilities until you move in.

JACUSTOMER-jewb6jo7- :

I was talking more about the property that we are selling, both myself and my wife have moved out now.

Alex Watts :

I see. If you have moved out and the rent agreement has ended then yes, you would not be liable.

Alex Watts :

I assume you terminated all associated accounts and gave final meter readings etc?

JACUSTOMER-jewb6jo7- :

no not yet, we were going to do this this week once completed. We should do it now?

Alex Watts :

I see. You would be liable until you have given final readings etc.

Alex Watts :

But yes, do it now

JACUSTOMER-jewb6jo7- :

We don't have a rent agreement we have a mortgage on the property and we have moved out

Alex Watts :

Ok. You would be liable until completion in that case

JACUSTOMER-jewb6jo7- :

Oh and what about the mortgage payment due at the end of the month? we exchanged last week.

Alex Watts :

Yes, you are liable until you complete.

JACUSTOMER-jewb6jo7- :

Oh now I am confused sorry, earlier you said that we would not have to pay the mortgage as the property is no longer ours.

JACUSTOMER-jewb6jo7- :
JACUSTOMER-jewb6jo7- says:
7:23 PM

Oh OK, so we don't have to pay the mortgage once we have exchanged? No one will be liable for paying the mortagage until the completion has gone through? Please confirm?

Alex Watts says:
7:23 PM

Yes that is right.

Alex Watts :

Let me clarify, I thought you were renting your own.

Alex Watts :

If you are paying mortgage on your old property, you would be liable until you complete.

Alex Watts :

This is because you own it until you complete.

Alex Watts :

Therefore you would be responsible but on the plus side it should mean you owe less when you do complete.

JACUSTOMER-jewb6jo7- :

We are renting and we have moved out, we exchanged last week, we were due to complete this week but there has been a delay of at least 3 weeks, this could be longer.

Alex Watts :

ok.

Alex Watts :

Let me be clear

Alex Watts :

Do you rent or mortgage your OLD property?

Alex Watts :

Do you mortgage your NEW property?

JACUSTOMER-jewb6jo7- :

mortgage the property we are selling, we have moved out and are now paying rent, we have actually seperated and each of us is paying rent.

Alex Watts :

Ok.

Alex Watts :

So you would be responsible for mortgage on the old property until you complete.

Alex Watts :

This is because until you complete you own the property

JACUSTOMER-jewb6jo7- :

OK thanks. and my original question was, can we rent it out to the buyers?

Alex Watts :

Yes with permission from your mortgage company

JACUSTOMER-jewb6jo7- :

We have moved out the buyers want to move in and we can't aford rent and mortgage payments so lloking at options

JACUSTOMER-jewb6jo7- :

ok

Alex Watts :

Yes I understand. You should ask permission but if the mortgage co wont find out then it should not be an issue.

Alex Watts :

Really you should ask permission but because it is only for a short space of time then it should be ok

JACUSTOMER-jewb6jo7- :

OK that is helpful thanks. Are there any implications in doing this? Our mortgage does not allow renting so we would not be able to obtain permission. what are the risks?

Alex Watts :

Well if they are unlikely to find out......................

Alex Watts :

As lawyer I would of course say you need to declare it.

Alex Watts :

But on the other hand..................

Alex Watts :

If this answers your question, please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.