New Build - Completion Date Changed After Notice

NETACCT

Hi All,

I am buying a new build flat and having some issues with the completion date.
Its small developer and not well known. So no point in sharing their name.

My solicitor confirmed in writing on 20 Nov that the completion will happen on 3 Jan 17 (Six weeks notice as per the contract).

Just received an email from the seller (its sub-sale) that the completion date is now 11 Jan 2017.

I am now expecting my solicitor to confirm the same that the completion date is changed to 11 Jan 2017.

Do I have any legal rights to refuse this change and claim any compensation?

Thanks in advance
S

AnotherJoe

Have you exchanged yet?
Its usual though in new builds for their to be leeway (aka small print) built in re dates so I'd guess you are on a loser here.

cloo

Your best bet is to go to your LL and ask if there's any chance of staying on; we manage to squeeze about another 4 weeks out of our LL when we made the mistake of giving notice too early, as he was planning to do some work after we left rather than reletting immediately. A week's not too long, but unless they have someone who absolutely must move on the 3rd lined up it might be possible to arrange.

AdrianC

Completion immediately after the Xmas and NY break? I'm not surprised it's slipped. No work would be going on over that period - so if the property's not complete before Xmas, it's not completing.

What's the point in refusing the change? Do you WANT to move into a property that might not be finished, then have to try to battle for the jobs to be done with you in residence? Will the property even be signed off by Building Control, NHBC and whoever before Xmas? If not, will your lender allow you to complete on the 3rd? Can the developer, your solicitor and lender even have all the paperwork in place for a completion so soon after the break?

What do you want compensation for? What costs have you incurred from that week's delay, over a month away?

TadleyBaggie

Completion dates on new builds are always plucked out of thin air, a week delay isn't so surprising.

I bought a new build house a number of years ago, and pushed the builder for a solid completion date. Completion happened but the day we moved in there was no electricity due to the plumbing being uncompleted (and therefore no viable earth connection) because some parts were not available.

NETACCT

Contracts were exchanged in Aug 2016.

As soon as they confirmed the completion date of 3rd Jan 2017, I cancelled my Xmas travel plans, gave notice to the landlord to vacate the property, arranged two weeks work off etc...

One weeks delay does cause lots of inconvenience and there is hidden costs also. If they had not given any notice to complete then its different thing. However, changed the date after giving the notice is different thing.

They were suppose to complete in DEC 2016. So its almost one year delay.

Does it mean, I am just at their mercy that they can give notice to complete and then after weeks changes the date again?

Marvel1

NETACCT wrote: »

They were suppose to complete in DEC 2016. So its almost one year delay.

:huh:

.....

Shakin_Steve

cjdavies wrote: »

:huh:

.....

They were supposed to complete in 2016 but now say 2017. That's a year, obviously :rotfl:

AdrianC

NETACCT wrote: »

Does it mean, I am just at their mercy that they can give notice to complete and then after weeks changes the date again?

Yep. That's buying a new-build.

AnotherJoe

NETACCT wrote: »

Contracts were exchanged in Aug 2016.

As soon as they confirmed the completion date of 3rd Jan 2017, I cancelled my Xmas travel plans, gave notice to the landlord to vacate the property, arranged two weeks work off etc...

One weeks delay does cause lots of inconvenience and there is hidden costs also. If they had not given any notice to complete then its different thing. However, changed the date after giving the notice is different thing.

They were suppose to complete in DEC 2016. So its almost one year delay.

Does it mean, I am just at their mercy that they can give notice to complete and then after weeks changes the date again?

I'd like to see your calendar. Does it have an extra year squeezed into the Xmas break?

And yes, with a newbuild, you have to be realistic that dates are very likely to slip and take account of that, perhaps even insisting that completion was put back a couple of weeks perhaps even insisting that completion was put back a couple of weeks from a date imemdiately after Christmas and New Year (or in your calendar I guess that might be a couple of years)

NETACCT

Sorry correction...its typo...they were suppose to complete in DEC 2015. But they had various issues like company doing electric work going bust etc...

My only question is, if they have formally agreed a completion date 3rd Jan 2017 by giving the notice, can they change it again?

If the completion date was estimated then its different thing.