Vacant possession refers to a property being empty and free from any occupants or belongings at the time of completion. When a property is sold with it, the buyer has the right to exclusive use and occupation of the property upon completion.

At PM Property Lawyers, we recognise the significance of vacant possession in property transactions and its impact on both buyers and sellers.

Key Aspects of Vacant Possession

  • Physical Vacancy: Vacant possession requires the property to be physically vacant and clear of any occupants, tenants, or belongings. This includes not only people but also personal property, furniture, and any other items that do not form part of the property’s fixtures or agreed-upon contents.
  • Legal Right to Occupy: It ensures that the buyer has the legal right to occupy the property without any third-party interference. It grants the buyer full control and use of the property, allowing them to move in or take possession without any encumbrances.
  • Repairs and Maintenance: To satisfy the condition of vacant possession, the property should be in a state where the buyer can immediately occupy it. This means that any necessary repairs, maintenance, or remedial works should be completed before the completion date, ensuring that the property is habitable and ready for occupation.
  • Seller’s Obligations: As a seller, it is crucial to understand your obligations regarding it. This includes ensuring that the property is cleared of occupants and personal belongings, adhering to any agreed-upon timelines for vacating the premises, and completing any necessary repairs or maintenance as specified in the contract.

Importance of Vacant Possession in Conveyancing

  • Smooth Transition for Buyers: Vacant possession provides a smooth transition for buyers, allowing them to move into the property promptly and start their new chapter without any delays or complications. It ensures that they can take possession of the property as intended and avoid any disputes or inconveniences.
  • Seller’s Legal Obligations: For sellers, offering it is not only a contractual requirement but also a legal obligation. Failing to provide vacant possession as agreed can lead to potential legal disputes, financial penalties, and damage to your reputation. It is essential to fulfil this obligation to maintain a positive and smooth transaction process.
  • Conveyancing Guidance: Navigating the complexities of it requires expert guidance from a conveyancing firm like PM Property Lawyers. Our experienced team can help you understand your rights and obligations, ensure a smooth handover of the property, and provide professional advice throughout the transaction.