Vacant possession is a property law concept that has recently become more in focus following the work of Dr. Keith Shaw of Pinsent Masons LLP and the University of Durham.
Giving 'vacant possession' refers to a legal obligation to ensure that a property is in a state fit to be occupied at a given point in time. Vacant possession is most commonly known of on the sale and purchase of residential property and many find that, on the purchase of a new home, they do not obtain vacant possession as desired. The concept is also an essential element in the grant and termination of leases and other tenancy agreements. It is a topical issue for lawyers and surveyors along with estate agents and others connected to land and buildings.
The issues associated with vacant possession have most recently been analysed and explained in the first textbook on the subject; Vacant Possession: Law and Practice has been described as the definitive guide to vacant possession and the book is endorsed with a foreword by Lord Neuberger, Master of the Rolls and Chairman of the Property Litigation Association. Previously, very little attention has been paid to the term, with the only other work on the topic dating back to 1988.