Vacant possession
Vacant possession means getting the property back completely empty and free for you to use or re-let at the end of a tenancy or on sale. In practical terms, that usually means:
The tenant has moved out and surrendered the keys.
No one else has a right to stay there, no lodgers or subtenants left behind.
The tenant’s belongings and rubbish have been removed, apart from any items you have agreed can remain.
Vacant possession is important when:
Completing a sale with vacant possession, a standard contract condition in conveyancing.
Regaining possession after a court possession order.
Ending one tenancy before granting a new one.
If former tenants leave people in the property, large amounts of belongings, or change the locks, you may not have true vacant possession, even if the tenancy has ended on paper. Taking back the property too aggressively without a court order risks unlawful eviction.
Under the Renters’ Rights Act, where “no-fault” Section 21 routes are removed and possession grounds are more tightly regulated, being able to show that you gained vacant possession lawfully, with the correct notices, orders and handover, is a key part of running a compliant rental business.
