What do I do if the seller promised vacant possession but someone is still in the property?
If you’ve bought a property at auction on the basis that vacant possession would be given on completion — but find that someone is still occupying it, this can be a serious issue. It could be a former owner, a tenant, a squatter, or someone else claiming a right to remain.
In such cases, it’s essential to act quickly, carefully, and legally — because the presence of an occupier could delay your plans, restrict access, or even expose you to legal risk.
What is “vacant possession”?
Vacant possession means the property will be:
- Physically empty (no occupants)
- Legally unoccupied (no one has a continuing right to remain)
This is usually promised in the Special Conditions of Sale or contract summary in the auction legal pack.
Who might be in the property?
You may find the property is still occupied by:
- A former owner who has not moved out
- A tenant or licensee with a valid or expired agreement
- A family member or other person with a legal or informal right to remain
- A squatter or unlawful occupant who has entered after exchange
Each situation requires a different legal response — and until resolved, you may not be able to let, renovate, or sell the property.
What are your legal options?
If the seller promised vacant possession and failed to deliver, this is a breach of contract.
- You may be entitled to compensation, a retention, or in some cases, refuse to complete (though this is rare in practice).
- If someone is in occupation without a legal right, you can apply to court for a possession order under Part 55 of the Civil Procedure Rules.
- This process typically takes 4–6 weeks, or longer if defended.
- Once a possession order is granted, you may apply to transfer it to the High Court for faster eviction — especially if the occupant is trespassing.
- If the occupant is a tenant or licensee, their rights must be considered. You may need to serve notice (e.g. Section 21 or Section 8) before possession is granted.
Can Versus Law help?
Yes — we work with litigation and eviction specialists who can:
- Review your contract and advise on remedies
- Serve legal notices and issue possession claims
- Represent you in court and instruct bailiffs
- Negotiate with occupiers where appropriate
If the auction seller misled you, we may also be able to pursue legal redress on your behalf.
- Review the auction contract
- Issue possession proceedings
- Use High Court enforcement
- Check if an agreement exists
Summary
If you’ve bought a property with vacant possession promised — but someone is still inside — you need to act quickly. Whether it’s a tenant, squatter, or previous owner, we can help you navigate the legal steps to regain control. At Versus Law, we combine auction expertise with litigation support to help you resolve occupancy problems efficiently and lawfully.










