A move date that is negotiated, not just announced
In Scotland the date on which a buyer gets the keys is written into the offer and negotiated in a series of letters, so the reliability of a removal booking depends on where the sale has reached. This article summarises pages from mygov.scot, the Scottish Government’s public information service: “Making an offer”, “Missives”, “Conveyancing” and “Settlement” on the buying side, and “Closing date and offers” and “Conveyancing and settlement” on the selling side. It covers Scotland only. The English process, where exchange and completion do the equivalent job, is explained in Exchange vs Completion: The Legal Difference and Why It Matters for Booking Your Move.
Step one: the offer names the moving-in date
According to mygov.scot, a buyer who is interested in a home tells their solicitor, who formally notes the interest with the seller. If several people note interest, the seller may set a closing date, which is a deadline for written offers, usually sent to the seller’s solicitor even where an estate agent is used. An offer must be sent as a letter from the buyer’s solicitor and should include, among other things, the date the buyer wants to collect the keys and move in. On the selling side, mygov.scot says offers usually include conditions, which may include a moving-in date, items to be included in the price and technical conditions based on the Home Report. The seller does not have to accept the highest offer, or any offer.
Step two: qualified acceptance and missives
If the seller agrees to sell, their solicitor sends a “qualified acceptance”, which mygov.scot describes as accepting the offer subject to certain conditions. The two solicitors then exchange letters called missives to negotiate those conditions. Once both sides agree the terms, a concluding missive is written, and mygov.scot states that this is a binding contract between the parties. It warns buyers that pulling out of the deal after that point could make them liable to pay the seller thousands of pounds in damages, and says to be sure of wanting the home before asking a solicitor to start sending missives.
For anyone planning a removal, the practical significance is that the agreed date is not settled until the terms, including the date, have been agreed in the missives. Because the offer’s date can be negotiated, a non-refundable removal deposit paid on the strength of an offer alone carries a risk.
Step three: conveyancing
After the missives are concluded, the solicitor starts conveyancing, the legal process that transfers ownership. For a buyer, mygov.scot lists checks that the seller actually owns the home, that there are no unusual conditions in the deeds, that any burdens or land-use obligations are understood and that any existing mortgage is paid off when the home transfers. For a seller, it says a mortgage must be repaid before anyone else can buy the home, and that the solicitor arranges the repayment.
Step four: settlement and the date of entry
The last step is settlement. mygov.scot says this is when the buyer gets possession of the home and that it usually happens on the agreed date of entry. On settlement the buyer’s solicitor confirms to the lender, if there is one, that the home is now in the buyer’s name, obtains the loan cheque and the buyer’s contribution, and in return for handing over the cheque receives the disposition (the document transferring ownership), the deeds and the keys. Shortly beforehand, the seller signs the disposition and arranges handing over the keys, according to mygov.scot’s selling pages.
Because the solicitor receives the keys at settlement, a removal team relies on the solicitor for access to the new home. Delays on the day are covered in Completion Delayed on Moving Day: Waiting Time, Storage and Backup Plans.
Insurance and taxes on the way
mygov.scot says buyers should insure the home from conclusion of the missives to cover the risks, unless the missives say something different, and advises checking the missives with a solicitor. It also lists outlays payable at settlement, including fees to the Registers of Scotland, search fees and Land and Buildings Transaction Tax. The tax deadlines are covered in Buying a Home in Scotland or Wales: LBTT and Land Transaction Tax Return Deadlines Explained.
A sequence for removal bookings
- Ask for removal quotes while the offer is being negotiated, but hold off on a firm booking or deposit.
- Once missives are concluded, ask the solicitor to confirm the date of entry in writing.
- Book the removal firm for that date, with a flexible or refundable arrangement if one is offered; see When Should You Book a Removal Company If Your Moving Date Is Uncertain?
- Agree with the solicitor how and when keys will be released, and plan a backup if settlement is delayed.
The bottom line
In Scotland, the moving date starts as a line in an offer, is negotiated through missives and becomes binding when the concluding missive is written. Settlement, the point at which the buyer gets the keys, usually happens on the agreed date of entry, and the solicitor controls the timing of the key release. A removal booking made before the missives are concluded is a booking on an unsettled date, so the sensible course is to price early and commit once the date of entry is confirmed in writing.
Sources
- mygov.scot, Scottish Government, “Making an offer”
- mygov.scot, Scottish Government, “Missives”
- mygov.scot, Scottish Government, “Conveyancing” (buying a home)
- mygov.scot, Scottish Government, “Settlement”
- mygov.scot, Scottish Government, “Closing date and offers”
- mygov.scot, Scottish Government, “Conveyancing and settlement” (selling a home)