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I had similar problem when we settle. The owner bought a brand new house and not sure if it will be ready at the time of settlement. So they asked us to settle first and they move out one day later. I refused and insisted "vacant possession". "vancant possession" is usually the standard on contract unless you agreed with them with other statement.
You can check with your solicitor. I calculated a very high rental fee (interest of loan + our rental if they over stay). It will come out more than $1000 a week and nobody wanted to pay such a high price to purposely overstay. Bear in mind the interest of loan should be calculated from the total price, not the amount you borrow so you get as high as you can. It will usually scare people away from over staying. You ask your solicitor to put it in writing to their solicitor so it will be legal agreement. So you can have all the money if they over stay, and they will want to get out ASAP.
If you have to overstay in your rented property, you just overstay and pay the rent. This is waht our solicitor told us. The agent will have to get the case to court in order to get you out, and by then you already sorted the 14 days out if the venfor overstay. And if you communicate with your agent, they don't usually put it to court, you can even offer to pay higher rent for the remaining days. The key is, you just don't move out. Of course put in writing that all the loss in terms of money will be covered by the vendor because they casue it.
Your solicitor is important. You need to go though him/her for all the above. That's why I mentioned previously I like my solicitor as he knows what we can do and what we can't, and what is importnat to us.
Hope it helps |
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