Notice to complete
COVID-19

The following Property Disputes practice note provides comprehensive and up to date legal information covering:

  • Notice to complete
  • Ready, willing and able to complete
  • Serving an invalid notice to complete

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.

Time is generally not of the essence for completion of a contract for the sale of land. If the seller or the buyer delays completion, the defaulting party will be liable in damages (and for compensation under the standard conditions) but cannot rescind until time is made of the essence of the contract. It is for the party who is ready, willing and able to complete to make time of the essence by serving a notice to complete.

If a valid notice to complete has been served and completion does not take place by the deadline (usually ten working days after the notice is given, excluding the day on which the notice was given) the innocent party can terminate the contract, forfeit (or recover) the deposit, and claim damages. This is known as rescinding for breach—or discharge by breach. For more information, see Practice Notes: Repudiation of property sale contracts, Termination for breach of property contract and Return or forfeiture of a deposit.

Once the notice expires, if the serving party does not rescind the contract, time does not continue to be of the essence unless a new deadline is imposed.

The various editions of the standard conditions provide for service of a notice to complete. It is important to

Navigate the law quickly and efficiently with Lexis®PSL
Imagine being able to quickly find up-to-date guidance on points of law and then easily pull up sources to support your advice. With LexisPSL, you can.
TAKE A FREE TRIAL Take a free trial Take a free trial
Related documents:

Popular documents

Claiming negligent misrepresentation or negligent misstatement—practical considerations

Claiming negligent misrepresentation or negligent misstatement—practical considerations

Claiming negligent misrepresentation or negligent misstatement—practical considerationsA claim for negligent misrepresentation may often be brought alongside or in the alternative to a claim for negligent misstatement. It is therefore useful to understand the key practical considerations in respect

Methods of statutory interpretation used to resolve ambiguities in legislation

Methods of statutory interpretation used to resolve ambiguities in legislation

Methods of statutory interpretation used to resolve ambiguities in legislationIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP

Pre-action disclosure—the application

Pre-action disclosure—the application

Pre-action disclosure—the applicationThis Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to subsequent proceedings. It provides guidance on how to make such an application for disclosure before proceedings

Proprietary estoppel

Proprietary estoppel

Proprietary estoppelThis Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice