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England and Wales decisions
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High Court property-sale dispute over off-plan flats: the seller’s completion notices failed because the furniture package was not sufficiently present, so termination was invalid and specific performance was ordered.
Amaal Ventures Ltd & Anor v Eros Ltd [2026] EWHC 870 (Ch) (17 April 2026)
High Court decision on off-plan flat sales, completion notices, and a furniture package. The court upheld validity of the insurance certificate but found the furniture deficiencies invalidated the notices.
It is necessary to imply a term into the contract requiring the First Defendant to provide evidence of the Building Contract within a reasonable time after the contract became unconditional. The First Defendant was in substantial breach of this implied term as of 7 October 2021 and failed to rectify the breach. The Claimant was entitled to terminate the contract under clause 29(a) and to forfeit the deposit. There were no exceptional circumstances justifying the return of the deposit.
Source excerpt
Where a party's breach prevents fulfilment of a condition precedent to the accrual of a debt, and the contract does not indicate a contrary intention, the condition is treated as fulfilled or dispensed with, and the debt accrues. The Sellers are entitled to recover the deposits in debt, not merely damages.
Source excerpt
King Crude Carriers SA & Ors v Ridgebury November LLC & Ors (Re An Arbitration Claim) [2023] EWHC 3220 (Comm) (15 December 2023)
The High Court held that English law does not recognise a general doctrine of deemed fulfilment of a condition precedent to payment; the deposit debt claim failed, and damages issues were remitted.
Sheffield City Council v Scotfield Group Ltd & Anor [2023] EWHC 990 (Ch) (15 May 2023)
The High Court implied a term requiring evidence of a bona fide building contract within a reasonable time, upheld termination, and allowed forfeiture of the deposit.
The High Court held that a property sale contract had terminated when the buyer failed to request an extension in time, and refused relief from forfeiture of the deposit.
Cohen v Teseo Properties Ltd & Anor [2014] EWHC 2442 (Ch) (18 July 2014)
The High Court held a conditional property sale contract had terminated after the buyer failed to request an extension in time, dismissed specific performance, and refused repayment of the deposit.
Oakglade Investments Ltd & Anor v Dhand [2012] EWCA Civ 286 (13 March 2012)
The Court of Appeal held that vendors’ notices to complete were invalid because they demanded completion on higher prices than the contracts required.
Oates & Anor v Hooper & Anor [2010] EWCA Civ 1346 (26 November 2010)
The Court of Appeal held that a seller’s premature notice of rescission was a genuine mistake and not a repudiatory breach of the sale contract.
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