Moving in to house during probate?

Doodoo

I'm sale agreed on the house I'm selling and also sale agreed on the house I'm buying. Problem is the house I'm buying is going through probate. I realise this can be expedited once contracts are signed but unfortunately there is an issue with the boundary on the land registry maps.
Until this is sorted the contracts won't be signed which means extra delays. I'm in no rush but the people who have agreed to buy my house want to close.
Was thinking of asking if we could move into our new house rent free which is empty as i dont want to risk the sale of both falling through. Has anyone had experience of moving into a house in probate before you own it?

uck51js9zml2yt

You can't move into a house that's not yours. No decent solicitor will allow it.

Doodoo

I wouldn't have a lot if faith in their solicitor as contracts have only been issued now and we are sale agreed since May. We were also told in April that probate had been lodged only to find out 2 weeks ago it still hasn't been. We realised there was an issue with the boundary as soon as we saw the maps. Don't think their solicitor is very interested in this transaction.

Sleeper12

They can't let you in. You'd like squatting rights. You could burn the house down or have a nasty accident & claim against them. Then there's always the possibility of the sale falling through altogether.

Mrs OBumble

Not rent free. But they can rent it to you.

L'prof

When we bought our house it took 9 months from sale agreed to moving in due to a boundary issue, I dread to think what would have happened if we were also selling a house at that time

Doodoo

Mrs OBumble wrote: »

Not rent free. But they can rent it to you.

So a token amount could be agreed?
Looks like this won't be sorted any time soon so I think this might be the only solution that will stop both sales falling through.

Samuel T. Cogley

Ask your solicitor about a caretakers agreement. However you're mad going this far with a property with multiple issues IMHO.

Doodoo

Samuel T. Cogley wrote: »

Ask your solicitor about a caretakers agreement. However you're mad going this far with a property with multiple issues IMHO.

All seemed to be going ok until 2 weeks ago when we found out about probate not being lodged. We were told it could be expedited once contracts are signed which was ok but not ideal. Then we found out about the boundary issue and are just trying to find a solution. Looks like I might have to walk away if it's not accepted.

Juwwi

Did your own house sell easy enough ? l wouldn't sign any contracts to sell your own until you are ready to sign the contracts to buy .

what happens if it the new house falls through you could be left with nothing .

Doodoo

Juwwi wrote: »

Did your own house sell easy enough ? l wouldn't sign any contracts to sell your own until you are ready to sign the contracts to buy .

what happens if it the new house falls through you could be left with nothing .

Took 3 months to go sale agreed. It's a risk alright. Their solicitor seems very lax. If they did their job the boundary issue would have been resolved and probate would nearly be complete by now.

L1011

I was told "not to bother" bringing the keys back during an inspection visit when waiting for probate to clear.

I brought them back. Insurance nightmare, would probably have done in the LPT exemption from the former owners nursing home care. Had agreement that I could get a fixed date delivery of two kitchen appliances delivered to the house at my own risk but my solicitor went above and beyond and physically brought documents to the vendors solicitor rather than DXing them meaning I got the keys the day before that date.