Vacant possession

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When it comes to the purchase of property, the seller is required to vacate the property to hand over to the buyer upon completion of the contract for the sale, unless they have agreed otherwise.

This means that not only should the purchased property be free of occupiers, there must be nothing to interfere with the process of  buyer moving into their newly purchased home.

Unfortunately, when it comes to the law, there is no clear cut definition for the term“vacant.” This makes it difficult for disputes over the matter.

The buyer could argue that bins left full of rubbish in their home does not satisfy the vacancy agreement. In this situation, it is common practice for the agent to withhold some money from the deposit to cover the cost of removing the rubbish.

The purchaser does have the legal right to sue the seller after settlement for the costs of removing the rubbish or any other items from the property – whether that’s left-over construction materials, rubbish or even the family pet.

Vacant possession ensures the purchaser can move into their new property with as little stress as possible.


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