Sellers often ask their Conveyancing Solicitors in Sheffield why they have to give details of other occupiers of their house on the property information form. Many people with children object to having to giving the names of those who are over 17. Others may object to giving details of a partner whose name is not on the deeds, considering this unnecessary.
Sheffield Conveyancer Matthew Rumbold was acting for the sellers of a home on Hall Road, Sheffield, S13 in 2010. He asked his clients to complete the usual questionnaire about the property used by Conveyancing Solicitors in Sheffield.
This form asks not only for the names of all occupiers over 17, but also whether any such persons are tenants or lodgers, and whether they have agreed to sign the contract and to leave prior to completion.
Although homeowners often assume that children or other occupiers do not acquire any legal rights over the house, this is not necessarily the case. Occupiers may have acquired legal rights to live in a property, for instance if they have contributed to the purchase price, or pay a rent to live there.
Buyers want to ensure that they are going to get vacant possession on completion
Anyone buying a property does not want to find someone living in the house and claiming a tenancy after they have paid the purchase money. Therefore Sheffield Property Lawyers acting for buyers will want to ensure that there is no risk of that happening and will insist that anyone over the age of 17 living there signs the sale contract to confirm that they will vacate prior to completion.
The usual additional enquiries were received from the Conveyancing Solicitors in Sheffield acting for the purchasers, Wosskow Brown of The John Banner Centre, 620 Attercliffe Road, Sheffield, South Yorkshire, S9 3QS. Since the sellers had indicated that one of their adult children lived with them, the Solicitors asked for him to sign the contract as well as his parents.
A separate letter had to be sent asking that he signed the contract, explaining that in doing so he would be giving up any rights he might have to live there once the sale was finalised. The contract was returned duly signed, and completion took place without any further issues.
Local agents Staves and Co of 861 Chesterfield Road, Woodseats, Sheffield, S8 0SQ, who had negotiated the sale, thanked Matthew for all his efforts.
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