COVID-19: Fixed Date completions for moving house
What happens if the fixed completion date cannot be met because of the current restrictions on movement due to COVID-19?
A buyer of a home occupied by a seller or tenant undergoing self-isolation may not be able or willing to take ownership on completion. If this is the case the buyer will be in default and contractual default provisions would apply. The seller is then likely to serve a notice to complete allowing the buyer an additional 10 days to get themselves in a position to complete their purchase.
If the buyer is still not able to complete within the 10 days then the seller will be within their rights and can take action to rescind the contract. This could result in a buyer losing their deposit and interest being charged for the number of days the default occurs for.
Those willing and ready to move may then be faced with a removal company who is unwilling to move the buyer’s possessions or remove a seller’s. Buyers should stay in regular contact with all parties involved and each matter will be dealt with on a case by case basis. It will be the decision of the non-defaulting party in each transaction to take a ‘good faith’ view.
Updated guidance has been provided, see our most recent article here.
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