Curry Popeck

West End Office:
87 Wimpole Street
London W1G 9RL
Tel: +44 (0)20 7224 6633
Fax: +44 (0)20 7935 4042
DX No: 9082 West End

Harrow Office:
380 Kenton Road
Harrow, Middlesex
HA3 8DP
Tel: +44 (0)20 8907 2000
Fax: +44 (0)20 8927 0499
DX No: 47504 Kenton


Fair exchange

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Everyone involved in the sale of a property is extremely busy between exchange of contracts and completion, but with a little cooperation and planning you can make better use of that two-to four-week period, particularly if you're the buyer. Providing the seller is agreeable, you can use this time for anything from measuring up for carpets and curtains to structural work.

The seller is not obliged to allow the buyer any form of access, but the less intrusive your purpose, the more amenable the seller is likely to be. Particularly if the property is empty and any works will add value, such as a new central heating system, or cannot easily be done with people living in it, like woodworm treatment.

If, however, you want access to rip out the bathroom ready for the new suite you plan to install after completion, the seller could be more reluctant for if you fail to complete, the house minus the bathroom would leave him with all sorts of problems to sort out before he can re-sell. If you're the seller, specifically if the property is empty and the buyer is going to carry out any type of building, electrical or plumbing works, your solicitor should have him sign a carefully worded undertaking stating exactly what is permitted during the access period, and making the buyer responsible for the property and its outgoings. The buyer should also have to pay at least a 10 per cent deposit on exchange of contracts, so that there's money available if all goes wrong.

Such access to a property is a matter for negotiation, like many other terms of the deal but with goodwill on both sides, it's usually possible to reach a compromise.
Philip Popeck is a Partner at Curry Popeck, solicitors.
Call him on 020 8907 2000, or email him at philipp@currypopeck.com

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