Vacant possession means that the property is not occupied and free from possessions (except fixed inclusions remaining as part of the sale).

Generally, the buyer is entitled to expect there to be no substantial impediment to the use and enjoyment of the property, however, consideration will be made as to the condition the property was in at the time contracts were entered into. Therefore, it is important that if a buyer is expecting a dilapidated property to be passed to them ‘ready to move in’ that a condition allowing for this be included in the contract.