The contract for the sale of residential property usually
contains a Special Condition in the Contract that the sale is with
vacant possession. This is usually the arrangement unless the sale
was agreed on another basis, for example where the buyer wants to
retain tenants already occupying the property.
As a purchaser, you will of course expect to see such a Special
Condition and as a vendor, you will usually be happy to provide
it.
The situation does change slightly when the seller is a
mortgagee in possession. Most mortgagees we act for do agree to
provide vacant possession but I have some concerns about this.
I have previously, with consent of my client, refused to
guarantee that vacant possession will be provided on completion. On
occasion, I have also seen contracts that state the seller will
give vacant possession but can make no guarantees that the property
will be vacant or words to that effect.
