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Notice of Delay to Property Completion

A completed buyer notice explaining a mortgage-funding delay, proposing a revised completion date and acknowledging contractual compensation and notice-to-complete rights.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# NOTICE OF DELAY TO PROPERTY COMPLETION

Date: 18 November 2032

Parties: Noah Bennett and Elmbridge Homes Limited

## 1. Purpose and parties

Noah Bennett of 12 Kingfisher Close, Reading RG2 7NF, through his conveyancers Ashford Legal LLP, notifies Elmbridge Homes Limited and its solicitors that completion of 48 Mariner Way, Reading RG1 6TW cannot take place on the contractual date of 19 November 2032. The parties exchanged contracts on 7 October 2032 at a purchase price of £420,000 under the Standard Conditions of Sale (5th edition). The deposit paid on exchange was £42,000.

## 2. Facts, scope and terms

Noah's mortgage lender, Wessex Mutual, issued a mortgage offer on 28 September but on 15 November requested a fresh valuation because the original valuation omitted a rear extension shown on the title plan. The lender expects its valuer to inspect on 22 November and has confirmed that funds cannot be released before its underwriting decision. Noah has supplied the building-regulations completion certificate and has asked for expedited review; the delay is not a refusal of finance or an attempt to renegotiate the price.

## 3. Process and responsibilities

Noah proposes completion on 29 November 2032, subject to written confirmation that cleared mortgage funds will be available. He asks Elmbridge to agree that date by 23 November and not to serve a notice to complete while the lender's stated review is pending. Ashford Legal will provide daily updates, deliver the lender's written confirmation immediately, and remains ready to complete earlier if funds are released.

## 4. Evidence, records and safeguards

Noah recognises that the contract may entitle the seller to compensation for delayed completion. If the contract's specified rate is 4% per annum, the daily rate on £420,000 is £46.03, calculated as £420,000 × 0.04 ÷ 365, subject to the contract's actual wording and any agreed apportionments. For ten days from 20 to 29 November inclusive of the relevant contractual calculation, the illustrative amount is £460.30; the solicitors should calculate the legally due sum by reference to the completion convention and confirm it in the completion statement.

## 5. Review, escalation and outcome

This proposal does not waive Elmbridge's rights or admit that Noah is already in default beyond the consequences properly arising under the contract. If no written agreement is reached, either party may use the applicable Standard Conditions and serve a notice to complete, normally allowing ten working days where the contract so provides and making time of the essence. Noah understands that failure after a valid notice can expose him to loss of the deposit, damages and rescission, and he is taking reasonable steps to mitigate by prioritising the valuation and keeping funds available.

## 6. Reservations and practical protections

Noah asks Elmbridge to preserve the property and not enter a sale to another buyer while this short delay is resolved. He will continue to pay agreed search, lender and legal costs, but will not reimburse undocumented expenses or any double recovery. The parties should record the revised date, compensation basis, vacant-possession arrangements, meter readings and key release in a signed side letter or completion statement, without changing any term not expressly varied.

## 7. England and Wales law and completion

This completed fictional notice is dated 18 November 2032 and governed by England and Wales law. It is sent by Ashford Legal LLP to Elmbridge's solicitors under the contract's notice provisions, with the lender correspondence and building-regulations certificate enclosed. Noah requests a response by 23 November, remains willing to complete on 29 November, and reserves all rights and remedies while making clear that no construction, occupation or transfer occurs until completion has legally taken place.

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