Completion date 'On Notice'

Apprentice2019

Hi,
hopefully someone can enlighten me as to what exactly 'On Notice' means.

We are purchasing a new build property which has a completion date on notice. The house had an estimated completion date at the end of March although it was anticipated in January. We have now been told that we MUST complete on 28th February(Thursday).

This date is unsuitable for us and have instead given them several other dates (including the day after and a few days the week before).

Having read the paper work I was led to believe that if the house was completed before the end of March we would first be given notice that the house was to be completed and then we would have two weeks for to complete on the purchase on a mutually convenient date.

The developer currently seems to be refusing to budge on this date.

My questions are, is this what on notice means, Am I right in thinking that the date should be convenient for both parties? Any advice appreciated.

Surrey_EA

Do you have a related sale?

Is there any reason why legal completion cannot take place on 28.02.19, and you physically move in to the property on 01.03.19?

Apprentice2019

We have part exed our home with the developer so if we complete on the Thursday we would have to move out on the Thursday. We have asked but cannot complete on the Thursday and move in on the Friday.

AdrianC

So you don't even have a chain to worry about?

It's as simple as setting the moving date?

WHY can't it be 28/2? You have more than a month's notice. You could get the removals to clear the property on 27th, store it for two days, then move you in on 1st. You don't need even need to be present for the actual move - it can go ahead on 28th without you. You go to work as normal from the old house, return to the new one.

The only thing stopping you from completing on 28th is that you don't want to. Anything else can be worked around if there's enough will.

Of course, it's just as true that the developer don't HAVE to complete on 28th. It may be that they don't feel confident that they can give a date before and guarantee the property's ready. Fair enough. But they could move to a later date. It might hit their accounting periods, though, which may affect how the property's income is assigned to their profit and loss. Would you be willing to make a contribution to that, in order to accommodate your preference?

What does the exchanged contract say about either side's right to set and/or negotiate the completion date?

Apprentice2019 wrote: »

We have part exed our home with the developer so if we complete on the Thursday we would have to move out on the Thursday. We have asked but cannot complete on the Thursday and move in on the Friday.

If you are still living in the property over Thursday night, either you own two properties (I presume you cannot raise the funds for that) or you become the developer's tenant and have failed to conform to the contract and give vacant possession.

lisyloo

We have part exed our home with the developer so if we complete on the Thursday we would have to move out on the Thursday.

Have you had this confirmed?

We part-exd and developer was committed to 28/2 (end of financial year).
The new property was uninhabitable due to heating stuck on high and as the old property had not completed they simply let us stay there. I think we had to sign an agreement and get a few days insurance but we simply delayed our move.


Is there a reason that you can't stay in the old property?

obviously someone moving in on the same day would be a reason, but that's not so essential for developers as it is for residential purchases.

davidmcn

Apprentice2019 wrote: »

Having read the paper work I was led to believe

What "paper work"? What does your contract actually say?

Apprentice2019

Thank you all for your responses.

We are doing the moving ourselves which if it was a Friday would be no problem as I can easily get the time of work or if it was the week before. The Thursday creates problems for us as we are hiring a van as a lot of our stuff is already in storage at various houses. Hiring it on Thursday would mean that a lot of things will need to be put on hold for the Friday that I have to go back into work. I know this is probably just first world problems but I am finding it incredibly annoying how there is no give on the developers side.

As far as the contract is concerned it simply says completion is on notice but is anticipated to be completed by 29th March. If the property is ready sooner they will serve two weeks notice with a mutually convenient completion date (it’s the mutually convenient bit that’s bugging me)

The deal we got was that we can stay in our house until the completion date however they are saying that as they want to complete on the 28th we will have to give our keys in on the afternoon of the 28th.

Apprentice2019

Taken directly from their web site:

"When your new home is ready our solicitor will serve notice on your solicitor to legally complete your new home purchase within the next two weeks (10 days in Scotland). The completion date is normally the date that you move, although if you have no property to sell you can move into your new home at any time following the completion date."

AdrianC

Apprentice2019 wrote: »

We are doing the moving ourselves

Such is your choice.

The Thursday creates problems for us as we are hiring a van as a lot of our stuff is already in storage at various houses.

That lot doesn't need to be moved on completion day. You can do that at any time later.

I know this is probably just first world problems but I am finding it incredibly annoying how there is no give on the developers side.

You are also just as guilty of "no give".

As far as the contract is concerned it simply says completion is on notice but is anticipated to be completed by 29th March. If the property is ready sooner they will serve two weeks notice with a mutually convenient completion date (it’s the mutually convenient bit that’s bugging me)

I thought "mutually convenient" was what you wanted?


So if that's the sum total of wording, it means that they give you a date - which you have to accept. The anticipated 29th March has been replaced by the notice date you've been given, of 28th Feb. BUT you can agree between you to move it forward (not backward), subject to a minimum of two weeks notice, if the property's ready earlier.

Post the EXACT, unredacted wording if you want a more concrete answer.

The deal we got was that we can stay in our house until the completion date however they are saying that as they want to complete on the 28th we will have to give our keys in on the afternoon of the 28th.

Or, in other words, you can stay in the house while you own it, but not once you no longer own it...

That's hardly unresonable, surely?

silvercar

Sounds like they want this house sold in February for an accounting reason.

Apprentice2019

That lot doesn't need to be moved on completion day. You can do that at any time later.

True but it makes it easier to higher a large van in one block booking

You are also just as guilty of "no give".

We have given them several alternatives.

I thought "mutually convenient" was what you wanted?

Correct. The thursday is not convenient for us, but other days are.

Or, in other words, you can stay in the house while you own it, but not once you no longer own it...

That's hardly unresonable, surely?

Not unreasonable at all. I just wanted the completion date moved slightly. I can have everything sorted and it would be fine if they just moved it one day to the Friday after.

So if that's the sum total of wording, it means that they give you a date - which you have to accept. The anticipated 29th March has been replaced by the notice date you've been given, of 28th Feb. BUT you can agree between you to move it forward (not backward), subject to a minimum of two weeks notice, if the property's ready earlier.

Its the

BUT

bit that makes me think I can move it.