Updated October 2026 · Fraser Bond
Buying & selling · Legal
Vacant possession explained
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Tenantedsales differ
In short: If a property is sold with vacant possession, the seller must hand it over on completion free of occupiers and of belongings or rubbish that would stop the buyer using it. If tenants, lodgers or family are still living there, or large amounts of rubbish are left, the seller may be in breach of contract and the buyer can claim losses. Sellers with tenants must end the tenancy lawfully first, which since 2026 usually means Ground 1A with four months' notice, or sell with the tenant in place instead.
Sellers: before completion
Frequently asked questions
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What if someone is still living there?
The seller may be in breach; the buyer should take legal advice.
Can I sell a tenanted property?
Yes, as an investment sale.
