Legal Q&A: between exchange and completion can a buyer enter their new home?

Question: We want to get into the cottage we are buying after we exchange contracts to measure up for new carpets and get our electrician and plumber in to quote for work.

The estate agent says it’s unlikely the seller will allow this. It seems mean as they’ve already moved out. Is there anything we can do?

Answer: Under the terms of contract for the sale of a home, the buyer generally has no right to enter the property between exchange and completion. However, it is sometimes possible to agree access with the seller following exchange.

Ask your solicitors to see if they can do this on your behalf, on the basis of a key undertaking.

Explain to your solicitors in detail why you need access at this stage, giving the names and contact details of your carpet firm and tradesmen.

Your solicitor should draft a key undertaking detailing the information, which grants access after exchange on the proviso that you and your contractors undertake not to take up occupation or take possession of the property.

If the seller continues to be difficult you can always withdraw from the purchase at any stage before exchange of contracts.

Perhaps mention that to the selling agent in the hope that the seller will be reasonable.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE. Questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a solicitor specialising in residential property.