Moving house 6th April already exchanged

strewth82

I know there are a few threads on a similar theme but can’t find exactly my circumstance. We’ve already exchanged but not due to complete til 6th April. I know all current rules are we must move on the date otherwise we will get penalties. We are moving as much as possible into storage so we could just move with cars on the day. I’m concerned about lockdown; what does it mean for moving or not moving? France have said moving house is not essential and you’d need to delay. But uk rules are different. We may be stuck here or stuck in new house with none of our stuff. Im also not sure at this stage if completion can be stopped by anyone? ( I don’t want to but am concerned others in the chain would due to mortgages not completing or delay?) My question is what else should we be doing to protect ourselves? And the move? Have we missed any advice that is out there? 

Alter_ego

For the moment there is no lockdown in UK.

greatcrested

The rules in the UK for lockdown, should it be introduced, are....... unknown. It may be as in France or it may not.

There is a legal concept known as 'contract frustration' which cancels all obligations, on both sides of a contract, where it is impossibe to comply with the significant contract terms (not just minor clauses) due to circumstances beyond the control or fault of either party.

I'm not a legal expert, but suspect that may well apply, in which case no one in the chain would move, no one would get paid, no penalties incurred. Whether the entire contract would have to be re-negotiated and re-Exchanged, or the original contract would apply as and when the lockdown was lifted I've no idea.

There again, I might be talking complete rubbish!

davidmcn

In practice contract penalties normally only apply where one party is able to abide by their side of the bargain and the other one is defaulting. So if there was some general prohibition preventing conveyancing / banking / people leaving home then I doubt any contract breach becomes relevant as it's really just stalemate. The problem would be if you didn't want to proceed because you were self-isolating or ill but everyone else was able to go ahead.