> >

What is the vacant possession and how does it affect a buyer?

“Vacant possession” is a widely used term in selling/buying contracts, defining a property statute on the completion day: is it possible for the buyer to occupy it physically and legally?

When it comes to the searches conducted in the conveyancing process, the Land Registry search not only will give you details about the owners, their right to sell or any prior alterations brought to the property title. Moreover, also information about any lease, legal claims to the land that could prevent the buyer to achieve vacant possession.

If the intention is selling to subject, then the tenant will continue to pay rent to the purchaser, and the lease will just be transferred. However, if the aim is selling with vacant possession, then the tenants must finish their lease and leave the property, the owners must move, and the property must be cleared of anything not mentioned in the contract, from personal property (chattel) to fixtures (fixed to land).

What do you have to do as a seller, when the transaction mentioned vacant possession?

Depending on your expectations from the property, decide if you request a vacant possession property or not. If you do not mind having tenants, the lack of vacant possession will not affect you. However, if you are planning on buying a property under a tenancy, you must expect an uncertain period of time until the house will become a vacant possession, strictly connected to the rental lease or their desire to move.

In order for a property to be considered a vacant possession, it must give the new owner undisturbed enjoyment of the property, legally and physically. If the last owner enters a selling transaction, naming his property vacant possession while he is aware of squatters living on the property, then the requirements of vacant possession are not fulfilled. Therefore the property is not a vacant possession.

< previous Land Registry fees and Conveyancing

What does Freehold mean in a gist? next >