Will the property definitely be empty when I buy it?
Not necessarily. Unless the auction contract states clearly that the property will be sold with vacant possession, it may be sold subject to a tenancy or other form of occupation.
WHAT DOES “VACANT POSSESSION” MEAN?
It means:
- The property must be completely empty of people and possessions by the completion date.
- No one has a legal or informal right to remain in the property.
If the contract includes “vacant possession on completion,” the seller is legally obliged to ensure the property is cleared and unoccupied by the time you take ownership.
RISKS IF IT’S NOT VACANT
If the auction pack is silent or unclear, you may end up buying a property that:
- Is tenanted (with or without a formal lease).
- Is occupied by squatters or licensees.
- Has belongings, rubbish, or furniture left inside.
Removing occupiers or clearing the property can be costly and timeconsuming, and it becomes your responsibility once contracts are exchanged.
SUMMARY
Always check the special conditions of sale to see whether the property is being sold with vacant possession. Never assume it will be empty — unless it is clearly stated in writing, it may
not be.










