Vacant possession is a term to clarify with your conveyancer before relying on a completion plan. An apparently empty property at a viewing does not establish that the legal and practical position has been resolved.
Understand the agreed basis of sale
The Law Society's explanatory notes describe a sale with vacant possession as requiring the property to be empty and available for the buyer to occupy at completion. Ask your conveyancer to explain the actual contract, including any existing occupation arrangement or exception.
Agree what stays
Keep the agreed contents and fittings record clear. Raise questions about furniture, stored belongings and rubbish before completion, and record the answers through the conveyancing process. Do not assume that an informal conversation changes the written agreement.
Raise occupation concerns early
If someone is living at the property, tell your adviser what you have been told and what remains uncertain. Do not assume that a sale alone ends their rights or authorises removal. Any required process depends on the circumstances and applicable law.
Escalate a mismatch
If the property does not appear ready for the agreed handover, contact your conveyancer promptly. Avoid deciding for yourself to withhold money, change locks or dispose of belongings. The appropriate response depends on the contract and facts, so this guide is a list of questions rather than a remedy for an individual dispute.
Editorial review: 14 October 2026. This original Property Perpetuity guide replaces the imported text; the original archive publication date is retained.