How to gain vacant possession when ex-partner has remained?

by Readers Question

5 months ago

How to gain vacant possession when ex-partner has remained?

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How to gain vacant possession when ex-partner has remained?

Hi, I’m a property sourcer/trader looking to resolve a legal situation with a purchase to gain vacant possession of a property.

Looking to learn what options apply to resolve the situation, so the sale can proceed. An overview is below.

I have a property deal whereby the vendor has accepted a reasonable discount on the purchase price. The vendor had lived there with his partner, though has now moved out following their divorce. The ex has remained in the property since and is unwilling to discuss or move out. I’m keen to find a route for the property to exchange/complete with vacant possession.

The ex does not contribute to the mortgage nor pay rent. They are also not on a tenancy agreement, due to the circumstances leading to now (i.e. they lived there as a couple). The property title is registered only to the owner. The ex had placed a restriction on the property title following marriage, but the this has now been removed following the divorce completion (I have a copy of the divorce paperwork if needed). No children are involved.

I’d be interested to learn what options apply gain vacant possession, so the sale can proceed.

Anyone ever come across a situation like this? Or have any words of wisdom?

Many thanks

Greg

Comments

Dear Greg,
In cases like this the occupant is classed as an unauthorised occupant therefore you will need to serve a Notice to Quit on her giving her 28 days to vacate, if she does not vacate you will then need to apply to the Courts.
Has your solicitor advised you not to complete on the property as there is no vacant possession and has your solicitor been able to verify that the occupant has no interest in the property?
Really the vendor should take responsibility to ensure that you receive vacant possession on completion.
I'm happy to chat with you to discuss your options.
Please feel free to contact my office on 02037289937.


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