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Related Articles Conveyancing Jargon Buster. This article provides answers to the most common questions we receive around the exchange of contracts and completion, one of the most important steps in the conveyancing process. Here we take a look at the top questions to ask your conveyancer early on in the process. Get in touch Quotation Team.
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Worryingly, debris left on the site may be deemed to be part of the site acquired by a buyer. The debris in question included garden rubbish and compost heaps. Due to the merge, the seller was not prevented from satisfying vacant possession based upon the specific contents in question. Of course, this finding is circumstantial with emphasis on the composition and location of the debris, however caution should be exercised nonetheless. A practical and preventative measure is to inspect the site and to agree with the seller what they will remove and what they will leave on the site on completion.
If necessary, a list can be attached to the sale contract. A further important step is to inspect the site on the day of completion to check that the seller has removed the agreed items. This is also best practice to be sure that unwanted travellers have not moved onto the site before the completion monies are transferred to the seller.
In the event that vacant possession has not been given and the Seller is in breach of the sale contract, there are several remedies available to a buyer.
We use cookies to track usage of our site. Details of these can be found on our Cookie Policy. You may choose to decline all tracking cookies , but if you do some key features may not work as expected. Posted on 09 March A tenant taking a property lease will expect the landlord to give vacant possession and a landlord will expect the tenant to provide vacant possession when the lease comes to an end either at the end of the term or through the exercise of a break.
Well for starters - vacant possession means that the property must be empty or free of people. In NYK Logistics UK Limited v Ibrend Estates BV it was held that because some workmen remained in a property to finish off some works after the break date, the tenant had not given vacant possession and the break failed.
This was in spite of the tenant having informed the landlord in advance. Once contracts have been exchanged, the terms of the contract for sale are legally binding and need to be performed.
Failing this, the parties to the contract will suffer the consequences. For example, if specific agreements to remove items and make good areas if appropriate are not provided for in the contract, then there will be no legally binding agreement to enforce.
The result could be quite costly to the buyer. If any specific agreements were added to the contract and the seller still fails to give vacant possession on completion, the buyer will have more options available to them. It is important to note that every contract for sale is unique and will be specific to the transaction in hand.
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