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Misinformed about notice of completion

Livibelle
Livibelle Posts: 3 Newbie
in House buying, renting & selling
Hi,

I have exchanged contracts on a new build and was awaiting notice of completion. Notice of completion is given by the building company and is given ten working days before completion occurs. Both conveyancers dealing with my case were on annual leave last week, and so I asked for their colleague to call me and give me an update on whether they had recieved notice of completion. This colleague left me an answerphone message telling me that they had not yet recieved this notice of completion and that I would be informed when this happened. I have saved this answerphone message.

I waited until last Friday when the conveyancing company had closed, and having not heard anything, I booked a last minute holiday. Yesterday, my conveyancer (back from annual leave) emailed me to say that notice of completion was actually served five working days previous, despite her colleague saying otherwise. I will now have to start paying the mortgage and complete when I am away on holiday.

Where do I stand on this matter?

Thanks
«1

Comments

  • libf
    libf Posts: 1,008 Forumite
    Unusual to start paying the mortgage on completion, but even if you have to, then just leave enough in your account for it to go through and collect your keys when you're back.

    Congrats on your new home. :)
  • silvercar
    silvercar Posts: 50,672 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    I don't actually see a problem with completing while on holiday.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'd have not booked a holiday. It was clearly imminent. Surely you'd not be able to concentrate/enjoy a holiday constantly wondering "if" and checking emails?
  • Livibelle
    Livibelle Posts: 3 Newbie
    It's more an issue of them not giving me the appropriate ten day's notice.
  • fed_up_and_stressed
    fed_up_and_stressed Posts: 1,673 Forumite
    1,000 Posts Combo Breaker
    Livibelle wrote: »
    It's more an issue of them not giving me the appropriate ten day's notice.

    But then to be honest you didn't specifically preclude these dates for them for completion either.

    I can't see you are going to get back the mortgage payments for the short break timescales regardless. As you will have the choice of using the property for this period its just that you will be on holiday instead.
    Spelling courtesy of the whims of auto correct...


    Pet Peeves.... queues, vain people and hypocrites ..not necessarily in that order.
  • kingstreet
    kingstreet Posts: 39,439 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Livibelle wrote: »
    It's more an issue of them not giving me the appropriate ten day's notice.
    The required notice is served by the vendor's solicitor on the purchaser's solicitor. That appears to have been done correctly.

    There is no requirement for your solicitor to serve you ten days notice, but obviously failing to tell you wasn't particularly helpful.

    You could have asked the site staff if they could ask their solicitor if notice had been given as a fail-safe.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You could try asking your solicitor to compensate you for the cost of 5 (whatever) days of ownership/mortgage payments when you will be unable to move in.

    Let us know how they respond.
  • Freecall
    Freecall Posts: 1,337 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    libf wrote: »
    Unusual to start paying the mortgage on completion

    Who covers the cost of capital then?
  • libf
    libf Posts: 1,008 Forumite
    Freecall wrote: »
    Who covers the cost of capital then?

    The first payment (on the 1st of the next month or whenever the regular payments will be) is normally larger to account for interest in the period between completion and the first payment, if that's what you're asking...
  • TBeckett100
    TBeckett100 Posts: 4,732 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Cashback Cashier
    Would you have moved in and then took a holiday? Same difference really
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