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If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance. Specific performance is an equitable, discretionary remedy which, if granted, compels a party to perform a contractual obligation. This Practice Note explains when specific performance will or will not be ordered.

Specific performance is ordered at the court's discretion where Damages do not afford a complete remedy, or where specific performance would do ‘more perfect and complete justice’.

Because of the unique nature of land, it is sometimes a preferred remedy for a buyer or tenant when a seller or landlord fails to complete. There is a general principle that a contract for the grant of an interest in land will normally be specifically enforced.

Until Completion, the seller holds the land on constructive trust for the buyer. This is particularly helpful if the seller is insolvent, because the buyer can claim on the property itself, or the proceeds of sale if it has been sold to a third party