If the property is not ready at the agreed completion, the seller should check the formal agreement for the specified completion date and time, identify what remains outstanding, and raise the issue in writing with the purchaser and any conveyancing professional involved. Unless the property is sold with a tenancy, the seller generally must deliver vacant possession to the purchaser upon completion.
Check the formal agreement first
The seller should locate the provisions that state:
- The agreed completion date and time.
- Whether the property is being sold with a tenancy.
- Any specific arrangement concerning possession.
The general vacant-possession requirement does not necessarily apply in the same way when the property is sold with a tenancy. The exact terms of that arrangement must therefore be confirmed from the agreement.
The seller should also prepare a clear list of outstanding items rather than describing the property generally as “not ready.” Identifying the specific unresolved matters makes it easier to seek confirmation about the next steps.
Put the issue in writing
A concise written message should record:
- The completion date and time stated in the agreement.
- The outstanding items preventing readiness.
- Whether the property is vacant, occupied or tenanted.
- A request for confirmation of how the parties intend to address completion and possession.
The seller should keep copies of all relevant correspondence. This creates a record of the issue, although it does not by itself establish a legal remedy or change the completion date.
No informal discussion should be treated as proof that completion has been postponed or that the possession requirement has changed. The cited material does not explain when or how the agreed completion time may be changed, so the seller should obtain specific confirmation rather than assume a new date.
Keep readiness separate from completion
An unfinished property presents a practical handover problem, but the cited statements do not say that outstanding work automatically postpones completion, cancels the sale or alters the vacant-possession obligation.
The seller should therefore avoid assuming either:
- Completion must wait until every outstanding item is resolved; or
- Completion and possession will proceed unchanged merely because the contract states a date and time.
The agreement and advice from the conveyancing professional handling the transaction are needed to determine the legal position.
What the seller must still confirm
Before relying on any proposed handover arrangement, the seller should establish:
- The operative completion date and time: whether the date recorded in the formal agreement remains the applicable one.
- The possession status: whether the property is tenanted and what the agreement says about delivering possession.
- The outstanding condition: which specific works, items or access issues remain unresolved.
- Any contractual consequences: whether the agreement contains provisions addressing late delivery or another form of non-completion.
- Authority to agree changes: who is legally and contractually authorised to agree any change to completion or possession arrangements.
- The required evidence: what records or confirmation the parties need before handover.
If the formal agreement does not answer these points, the seller should seek written conveyancing or legal advice before assuming that an extension, breach, waiver or other remedy applies.