Completion date nightmare

[twinklelittlestar01]

Hi all,

Can I have some advice please?

My husband and I are about to complete on our new build flat using HTB but it's has been no plain sailing.

My solicitors have been horrendous and delayed our exchange date and we had no communication whatsoever. This caused further delay as we had to wait for the festive period to be over. I was so desperate for exchange to happen before Xmas that I agreed to the completion date (25th Jan) without even checking if I could take annual leave.

My husband and I are both key workers and as we are severely short staffed, our employer has denied our leave on completion date. I tried asking if we could change the contract to complete on the previous Friday (22nd Jan) instead as we are already off on that day but the solicitors won't budge.

We are buying a new build and are not in a chain. My view is that the solicitors would most likely have everything ready and be in a position to complete on Friday as they don't work over the weekend anyway.

I have already had to raise a complaint once as we have had very little communication in this process and as first time buyers it's been very overwhelming!

Is there any advise that anyone can offer us? How much standing do we have in regards to changing the completion date? Would raising a complaint go in our favour or against us?

Any advise would be appreciated please!!

Thank you!

OK, taking into account that you're a first time buyer... What do you think happens on completion date that would interfere with you working?

If you were in a chain, you'd need to get everything out of your old house, but as first time buyers, there's nothing for you to do on completion day except collect the keys once it's gone through. What's the problem with just collecting the keys the following day (or following Monday, if not possible on a weekend)?

I wouldn't raise a complaint - I think Fridays get booked up first so you normally have to choose another week day.

You could complete on the Monday and move later - say following weekend. Or could your employer change your holiday from Friday to Monday? All you have to do is get keys from estate agents but they can hang on to them.

If you don't need to move immediately puck up keys and move in gradually or later that week. Are you needing removals?

You could complete on the Monday and move later - say following weekend.

If they've already exchanged (not clear from the OP, but I get the impression they have), they'll be legally bound by the completion date on the contract.

Where are you currently living?
Can you not complete on that date, pick up keys but not physically move in until you can take leave?

But completion is just the legal and financial side. If op is in a rental or living with family there may be time to overlap and move in later.

Hi, thanks for your replies.

I should've mentioned that leave is not the only issue although I thought it would be rather problematic as they stressed that we need to be "available and contactable". This is what I mean, not once have the solicitors explained as you have and said "Dw it won't be an issue that ur not on leave" they just keep saying "date can't be changed"

The property needs flooring done to be habitable especially with LO and despite tons of enquiries, I can't find any floor fitters available (due to Covid I presume?) and the only one who I have found is available on 23-24th Jan.

Furniture delivery has also been arranged for prior to completion date as this what they indicated in the initial stages. I should've waited until things were more concrete but that's one of the drawbacks of being super organised!

OP, who have you asked? If you've just asked your solicitor if a completion date can be changed, you're likely to have been told (correctly) that it's a fixed contractual date.

But you could approach the selling agents/developer and ask them direct. They may not mind.

Also, if you really can't complete on the date and no-one will move it for you - you can complete a bit late but you'll probably have to pay the seller's fees for a "notice to complete" and some interest. Once the notice is served which will probably be the completion day or the following working day, you've then usually got 10 working days. It's not something which is recommended though for obvious reasons.

Thank you for the replies!

I have asked my solicitors, the estate agent and also the developers solicitors. The latter two are happy to move the date but say it must be "proposed" by my solicitors!

@twinklelittlestar01

Thank you for the replies!

I have asked my solicitors, the estate agent and also the developers solicitors. The latter two are happy to move the date but say it must be "proposed" by my solicitors!

Then you "instruct" your solicitor to propose a move.

Your solicitor works for you and you need to tell them what to do. So I would email and tell them to request a move.

You may incur fees, from solicitor, mortgage company and from the seller (if the seller incurs fees from their solicitor for moving the date these can be passed to you).

Personally, as you are not buying and selling, I would just complete on the agreed date. Arrange with the developer to pick up keys at a convenient time for you and then do everything you need to do over the weekend.

If you do not have to leave the home you are currently in by midday on completion day, there really isn't anything you need to do.

Thank you! Will try that 👍🏽

This has similar:

www.independent.co.uk/property/house-and-home/ask-expert-we-ve-agreed-completion-date-our-buyers-want-it-changed-2332062.html

You could ask the solicitors if they would change the completion date to 20 or 21 Jan instead - they might be genuinely swamped with completions on Friday 22nd already.

Honestly, physically doing the completion on the day is not that much work - it should all be set up in advance - and one working day is unlikely to make that much of a difference to your lawyer. Just say that you've agreed a revised date and you need him/her to confirm it officially.