Michelmores Michelmores
Michelmores Michelmores
  • Home
  • Expertise
  • People
  • Insights & Events
  • Careers
  • About
  • ESG
I would like advice I know who to contact I'd like office information Something else
Home > News & Insights > Article

Understanding Deferred Completion when purchasing a Retirement Property

Share
Published August 19th 2025
Author
Louise Peters

In a nutshell, Deferred Completion means you exchange contracts on your new property purchase early, but the actual legal completion — when you pay the remaining balance — occurs at a later agreed date. This is typically either 12 months after you move into the property or four weeks after you complete the sale of your existing home. This arrangement can be helpful if you need more time to sell your current property but want to move into your new home in the meantime.

Under Deferred Completion, you will need to pay the 10% deposit at exchange of contracts along with the Stamp Duty Land Tax (SDLT) liability, which is usually payable on completion. This is because, by moving into the property at exchange, HMRC considers this to be “substantial performance” of the contract.

Additionally, since you will still own your existing home at this point, your new purchase is treated as a second property, meaning an additional 3% SDLT surcharge will apply. However, if you sell your previous property within three years of completion and payment of the SDLT on your new home, you should be able to claim a refund of this 3% surcharge.

Once you move into your new home, you will be charged rent and a monthly service charge. Most schemes provide that if you complete the purchase within six months of exchanging contracts, the rent you have paid during this period will be deducted from the final balance due on completion.

However, it is important to be aware of the risks involved. If you do not complete the sale of your existing home within six months, you may forfeit this rent reimbursement. Moreover, if legal completion does not occur within 12 months of your move-in date, the developer may require you to vacate the property by serving you 10 working days’ notice to terminate the contract. In such a case, the developer would be entitled to retain your deposit, any reservation fees, and all rent paid.

Given these complexities and risks, it is essential to seek legal advice from a lawyer specialising in Retirement Living before entering into any Deferred Completion arrangement.

Should you wish to discuss any of the issues raised in this article, please contact Louise Peters.

Share
Print article
Author
Louise Peters
Related events
Michelmores Property Development Club
Michelmores Property Development Club
Event
Various Locations
Webinar | Moving into your first office: things to think about and traps to avoid
Webinar | Moving into your first office: things to think about and traps to avoid
Event
Jun 17 2026 10:00
Online webinar via Teams
Michelmores Property Awards
Michelmores Property Awards
Event
Jun 25 2026 18:15
Sandy Park Conference Centre, Sandy Park Way, Exeter, EX2 7NN

Contact us

+44 (0) 333 004 3456

enquiries@michelmores.com

Subscribe to updates

  • Quick Links
    • Online Payments
    • People
    • About
    • Careers
    • Staff Login
    • Awards & Accreditations
  • Legal & Regulatory
    • View all Policies
    • Privacy Policy
    • Website Terms
    • Cookie Policy
    • Modern Slavery Act

Locations:

  • bristol
  • cambridge
  • cheltenham
  • exeter
  • london

© Michelmores LLP is a Limited Liability Partnership, authorised and regulated by the Solicitors Regulation Authority (SRA authorisation number 463401) and registered in England and Wales under Partnership No. OC326242.

The registered office is Woodwater House, Pynes Hill, Exeter, EX2 5WR. A list of the members (all of whom are solicitors or barristers) is available for inspection at the registered office and at michelmores.com

  • © 2026 Michelmores LLP. All rights reserved
  • Website maintained by Appeal Digital