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    • ally212
    • By ally212 17th Jun 17, 9:03 PM
    • 2Posts
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    ally212
    New Build - What if they serve completion notice while i'm on holiday?
    • #1
    • 17th Jun 17, 9:03 PM
    New Build - What if they serve completion notice while i'm on holiday? 17th Jun 17 at 9:03 PM
    Hello!

    This is my first time posting here!

    I've recently exchanged on a shared ownership property in April, with completion to be on notice - the original completion estimate was May/June when I exchanged, however It's now changed to July.

    I've had a holiday booked in July for about a year now and have made the housing association aware of this right from the start of the process - they said if the dates did happen to collide they would do their best to delay serving notice. However when I spoke to them last week I had to remind them about my holiday.

    I'm now worried as it's looking likely the completion is going to be while I'm on holiday - what do I do if they do serve me notice while I'm on holiday?! Has anyone else had this happen to them?

    Thanks!
Page 1
    • AnotherJoe
    • By AnotherJoe 17th Jun 17, 10:04 PM
    • 7,040 Posts
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    AnotherJoe
    • #2
    • 17th Jun 17, 10:04 PM
    • #2
    • 17th Jun 17, 10:04 PM
    You'd just pick the keys up when you got back? I can't imagine there's a rule you have to move in on the day you complete with shared ownership (I've only done it with a standard mortage). What's the actual concern you have ?
    • ally212
    • By ally212 17th Jun 17, 10:43 PM
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    ally212
    • #3
    • 17th Jun 17, 10:43 PM
    • #3
    • 17th Jun 17, 10:43 PM
    my main worry is if they serve completion notice on the first day of my holiday for example, they expect you to complete within 10 days which means paying the remaining deposit, rent, solicitors fees, signing remaining legal documents... and i'm away for 10 days so i'm not sure what i would do!
    • casper_g
    • By casper_g 17th Jun 17, 10:50 PM
    • 1,044 Posts
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    casper_g
    • #4
    • 17th Jun 17, 10:50 PM
    • #4
    • 17th Jun 17, 10:50 PM
    I suggest this is a query you should put to your solicitor. There's nothing wrong with asking on here if you're worried - especially as it's the weekend - but your own legal adviser is the right place to ask!
    • AnotherJoe
    • By AnotherJoe 18th Jun 17, 6:29 AM
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    AnotherJoe
    • #5
    • 18th Jun 17, 6:29 AM
    • #5
    • 18th Jun 17, 6:29 AM
    my main worry is if they serve completion notice on the first day of my holiday for example, they expect you to complete within 10 days which means paying the remaining deposit, rent, solicitors fees, signing remaining legal documents... and i'm away for 10 days so i'm not sure what i would do!
    Originally posted by ally212
    Your solicitor can handle that, you can give them POA to sign documents (if needed, or you can just sign them ahead of time and they hold them), any money you need to transfer you can transfer ahead of time.
    • agrinnall
    • By agrinnall 18th Jun 17, 8:44 AM
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    agrinnall
    • #6
    • 18th Jun 17, 8:44 AM
    • #6
    • 18th Jun 17, 8:44 AM
    Or simply instruct your solicitor to tell their solicitor that you do not wish to complete until you have returned from holiday - completion date is a matter of negotiation, not a date fixed by one party without the agreement of the other.
    • PasturesNew
    • By PasturesNew 18th Jun 17, 8:50 AM
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    PasturesNew
    • #7
    • 18th Jun 17, 8:50 AM
    • #7
    • 18th Jun 17, 8:50 AM
    As has been said - organise now for somebody to have a POA to act on your behalf if anything should occur during your absence. It's a straight forward process which a lot of people would do if they were buying while travelling or abroad.

    It could be your solicitor, or somebody in your family who you trust to crack on and get the job done....last thing you need is some flakey person who says "Oh, I didn't think it was important, and I'd booked a spa break so put the letter on the mantlepiece....never mind, you're back now"
    • AnotherJoe
    • By AnotherJoe 18th Jun 17, 10:07 AM
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    AnotherJoe
    • #8
    • 18th Jun 17, 10:07 AM
    • #8
    • 18th Jun 17, 10:07 AM
    Or simply instruct your solicitor to tell their solicitor that you do not wish to complete until you have returned from holiday - completion date is a matter of negotiation, not a date fixed by one party without the agreement of the other.
    Originally posted by agrinnall
    That might work when completion is arranged at exchange but in this case, with it "on notice" from a housing association its not clear how much leeway the OP has to manage the date, if the HA doesn't play ball.
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