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Vacant Possession definition

What does Vacant Possession mean? Vacant possession describes the practical state expected on completion/settlement or a lease break date: the property is yielded up so the incoming party can take immediate, exclusive occupation and control. Across England & Wales, Scotland, Northern Ireland and Ireland, it is a descriptive expression (not statutory), whose content is shaped by case law and standard conveyancing and leasing practice. By the relevant date the premises must: - be empty of all occupiers, whether authorised or not (tenants, sub-tenants, licensees or squatters); - be free from continuing third-party rights of occupation; and - be cleared of chattels, goods and rubbish so that nothing...

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Right to Buy: can tenant require removal of fittings excluded from the demise?

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Q&As

Fittings

Fittings, sometimes referred to as chattels, are not considered part of the land and, unless there is an express agreement to the contrary, they are not included in the sale of the property. In the absence of any such express provision, and on the assumption that the transaction required vacant possession, those fittings ought to have been taken away by the former landlord prior to completion. The general position regarding fittings left in situ at completion is, subject to the de minimis rule, that the seller must see to it that any goods and rubbish are removed from the property...

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Web page updated on 27/05/2026

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

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