Notice to complete


Published by a ³ÉÈËÓ°Òô Property Disputes expert
Practice notes
COVID-19

Notice to complete


Published by a ³ÉÈËÓ°Òô Property Disputes expert

Practice notes
COVID-19
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This Practice Note covers what ready, willing and able means and the consequences of serving an invalid notice. A party who is ready, willing and able to complete can serve a notice to complete and make Time of the essence so that the contract may be rescinded. The Standard Conditions (SCs) and Standard Commercial Property Conditions (SCPCs) set out the procedure for service of the notice. While it 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

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Jurisdiction(s):
United Kingdom
Key definition:
Completion definition
What does Completion mean?

means completion of this agreement in accordance with clause[s] [insert number of the clause(s) dealing with completion of the agreement];

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