No completion dates within 10 days of xmas? is this normal practice?

[mountains76]

We are aiming to complete on our house purchase on the 14th of December, with exchange a week before.

Our solicitor has said this is not acceptable as we need at least 10 working days between completion and when the solicitors office shuts for Christmas in case something goes wrong on completion.

He says that "if late completion takes place on a day after he closes on 24 December they will not be around to do the late completion for us.

Is this normal? My thinking is the chance of something going wrong, forcing a late completion is very slim, and he's being massively over-cautious here?

We completed on 23rd December 5 years ago 🤷🏼‍♀️ we exchanged the week before. It was never flagged as a problem bar it being blooming close to Christmas!

We completed on 14th December, surely if there’s a problem then completion just gets pushed back until offices are open again?

I think what your solicitor means is that if completion doesn't happen on completion day then notice to complete will be served and then completion can happen at any point in the next 10 working days.... which could fall when they are closed. They are just giving you a heads up and protecting themselves (and you because it could be you that fails to complete). Other firms might be more flexible (I know mine are but they still would want a completion on the 24th December!).

@Fleurchamp

I think what your solicitor means is that if completion doesn't happen on completion day then notice to complete will be served and then completion can happen at any point in the next 10 working days.... which could fall when they are closed. They are just giving you a heads up and protecting themselves (and you because it could be you that fails to complete). Other firms might be more flexible (I know mine are but they still would want a completion on the 24th December!).

Thanks, yeah that's exactly what he is saying regarding completion can happen at any point in the next 10 working days. The thing is, we still have 7 working days left from the 14th anyway.

He seems quite adamant amount this, i'm worried our sale might fall through if we leave it over xmas. I just want to make sure this isn't a standard thing which all conveniences do before we get into an argument with him.

Is it in case someone has covid (tests positive on day before move for example) that 10 days are needed for the isolationto be over? I assume you can't move if you're actually proven to have the virus at the time? I know there are clauses being written into contracts that normally would be a watertight completion date with penalties for going over.

You could Either bring forward exchange/completion by three working days or have a longer completion process so it’s exchange pre-Christmas and complete after.

Do you have a COVID clause in your contract?Otherwise it seems odd.

Our last day for completions is always the day before we close for Christmas (so last day is 22nd December this year). We do the odd one the day we close but a Director has to check the file before agreeing it.

Or are you buying a new build?

Equally though when does his office reopen? Even if late completion is needed you couldn’t complete on the 25th-28th as it’s bank holidays / weekend / bank holiday and the banks won’t be open to transfer funds. Does he just not want to reopen pre-new year?

@MinnieMountain

Do you have a COVID clause in your contract?Otherwise it seems odd.

Our last day for completions is always the day before we close for Christmas (so last day is 22nd December this year). We do the odd one the day we close but a Director has to check the file before agreeing it.

Or are you buying a new build?

No, it's not a newbuild and there is no covid clause. My understanding is if for whatever reason there is an issue on the day of completion, you have 10 further days to get your act together for a so called "late completion"

So if you guys do completions up to the 22nd - what happens if there is an issue and there needs to be a late completion while you are shut?

I suspect this is a complete edge case scenario and doesn't happen very often. My solicitor is very risk averse.

@LittleBearPad

Equally though when does his office reopen? Even if late completion is needed you couldn’t complete on the 25th-28th as it’s bank holidays / weekend / bank holiday and the banks won’t be open to transfer funds. Does he just not want to reopen pre-new year?

Yup, his firm isn't opening until the new year.

@LittleBearPad

You could Either bring forward exchange/completion by three working days or have a longer completion process so it’s exchange pre-Christmas and complete after.

Yeah it's an option, but i just figure it's all a bit bonkers.

I exchanged and completed on 21st December two years ago!

Most solicitors close completely over Christmas and the New Year, don't they?

I suppose you could say that you have taken his advice on board, but want to proceed with a completion on 14th December at your own risk.

We exchanged and completed on the 23rd a couple of years ago. Can you get them to bring it forwards a few days?

We exchanged on 18th Dec and completed on 20th Dec a few years ago. The 20th was a Friday and we were warned that if we didn’t complete on that day then it would have to be pushed back until after Christmas. It was all fine, although I did realise on Christmas Eve that we hadn’t used the oven yet and hadn’t checked that it worked.

@PaperTowels

Most solicitors close completely over Christmas and the New Year, don't they?

I suppose you could say that you have taken his advice on board, but want to proceed with a completion on 14th December at your own risk.

Yeah this is going to be the approach. Thanks for the replies all.

I’m not aware of it happening in my current firm, but I suppose the necessary people would come in to ensure it was done.

Like the time years ago when my boss exchanged on a file of mine whilst I was on holiday to complete on 28th December (there was a stamp duty holiday ending on 31st December). She did it herself and sweet-talked our head of accounts to come in.

Yes, we have had one before that was due to complete on the 23rd Dec but seller failed to vacate (thought they could spend Christmas there ) but they left on the 27th - our accounts team could do their thing from home but the other side solicitor had to open up their office.
I no longer do conveyancing but I wonder whether they are also concerned about the 14 day window to submit SDLT if they will be closed 23rd Dec - 5th Jan.

@Fleurchamp but that’s easily sorted by getting the SDLT form done aside from the completion date, then submitting it on completion isn’t it? (Disclaimer- it’s years since I’ve had to do post-exchange work).

@MinnieMountain I have no idea either! It has been a long time but I know my firm is very precious about it.