Vacant possession - Revision history

Designing Buildings at 08:57, 13 November 2020

2020-11-13T08:57:45Z

← Older revision		Revision as of 08:57, 13 November 2020
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	When property is sold, leased or vacated, it is common that agreements require that ‘vacant possession’ (VP) is given so that the property is physically and legally fit for occupation.		When property is sold, leased or vacated, it is common that agreements require that ‘vacant possession’ (VP) is given so that the property is physically and legally fit for occupation.

	This generally means that:		This generally means that:
−	*The property must be empty of people.	+
−	*The property must be empty of chattels (moveable objects such as furniture or substantial quantities of rubbish).	+	* The property must be empty of people.
−	*No other parties have the right or ability to occupy the property (for example, under a lease or license).	+	* The property must be empty of chattels (moveable objects such as furniture or substantial quantities of rubbish).
−	*No other parties have the right to possess the property (for example, under certain circumstances, a right to possession under a compulsory purchase order).	+	* No other parties have the right or ability to occupy the property (for example, under a lease or license).
		+	* No other parties have the right to possess the property (for example, under certain circumstances, a right to possession under a compulsory purchase order).

	Vacant possession is generally an express term of agreements, but under certain circumstances it may be implied.		Vacant possession is generally an express term of agreements, but under certain circumstances it may be implied.
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Chattels.
−	*Equipment.
−	*Fittings.
−	*Fixtures.
−	*Furniture, fixtures and equipment.
−	*Landlord.
−	*Meanwhile use.
−	*Room data sheet.
−	*Specification.
−	*Specific performance.

−	[[Category:Property_law]]	+	* Chattels.
−	[[Category:Property_development]]	+	* Equipment.
		+	* Fittings.
		+	* Fixtures.
		+	* Furniture, fixtures and equipment.
		+	* Landlord.
		+	* Meanwhile use.
		+	* Room data sheet.
		+	* Specification.
		+	* Specific performance.
		+
		+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Property_law]] [[Category:Property_development]]

Editor at 11:15, 25 November 2015

2015-11-25T11:15:41Z

← Older revision		Revision as of 11:15, 25 November 2015
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	*Fixtures.		*Fixtures.
	*Furniture, fixtures and equipment.		*Furniture, fixtures and equipment.
		+	*Landlord.
	*Meanwhile use.		*Meanwhile use.
	*Room data sheet.		*Room data sheet.

Designing Buildings at 15:15, 26 November 2014

2014-11-26T15:15:03Z

← Older revision		Revision as of 15:15, 26 November 2014
Line 24:		Line 24:
	*Fixtures.		*Fixtures.
	*Furniture, fixtures and equipment.		*Furniture, fixtures and equipment.
		+	*Meanwhile use.
	*Room data sheet.		*Room data sheet.
	*Specification.		*Specification.

Designing Buildings at 09:14, 21 August 2014

2014-08-21T09:14:17Z

← Older revision		Revision as of 09:14, 21 August 2014
Line 21:		Line 21:
	*Chattels.		*Chattels.
	*Equipment.		*Equipment.
		+	*Fittings.
	*Fixtures.		*Fixtures.
	*Furniture, fixtures and equipment.		*Furniture, fixtures and equipment.

Designing Buildings at 09:24, 19 August 2014

2014-08-19T09:24:06Z

← Older revision		Revision as of 09:24, 19 August 2014
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−	When property is sold, leased or vacated, it is common that agreements ~~required~~ that ‘vacant possession’ (VP) is given so that it is physically and legally fit for occupation.	+	When property is sold, leased or vacated, it is common that agreements require that ‘vacant possession’ (VP) is given so that the property is physically and legally fit for occupation.

−	This generally means that is must be empty of people ~~and~~ chattels (moveable objects such as furniture or substantial quantities of rubbish) ~~and that no~~ other parties have the right or ability to occupy ~~or possess~~ the property (for example, under a lease or license or under certain circumstances, a right to possession under a compulsory purchase order).	+	This generally means that:
		+	*The property must be empty of people.
		+	*The property must be empty of chattels (moveable objects such as furniture or substantial quantities of rubbish).
		+	*No other parties have the right or ability to occupy the property (for example, under a lease or license).
		+	*No other parties have the right to possess the property (for example, under certain circumstances, a right to possession under a compulsory purchase order).

	Vacant possession is generally an express term of agreements, but under certain circumstances it may be implied.		Vacant possession is generally an express term of agreements, but under certain circumstances it may be implied.

−	There are exceptions to ~~this~~ requirement, for example if it has not been possible to hand-over keys, it may be permitted for security guards to remain on the premises, or if remaining chattels do not interfere with the use of the property.	+	There are exceptions to the requirement for vacant possession, for example if it has not been possible to hand-over keys it may be permitted for security guards to remain on the premises, or if remaining chattels do not interfere with the use of the property.

	There may be a requirement to remove fixtures as well as chattels, however, failure to do so will not constitute failure to give vacant possession.		There may be a requirement to remove fixtures as well as chattels, however, failure to do so will not constitute failure to give vacant possession.

−	Failure to give vacant possession may constitute a breach of contract, which might result in termination of the contract, an application for specific performance, loss of deposit, and / or a claim for damages. It can be an obstacle to a break clause in a lease, leaving the tenant in possession of the premises and so with a continuing liability to pay rent.	+	Failure to give vacant possession may constitute a breach of contract, which might result in termination of the contract, an application for specific performance, loss of deposit, and / or a claim for damages. It can also be an obstacle to a break clause in a lease, leaving the tenant in possession of the premises and so with a continuing liability to pay rent.

	= Find out more =		= Find out more =

Designing Buildings: Created page with " When property is sold, leased or vacated, it is common that agreements required that ‘vacant possession’ (VP) is given so that it is physically and legally fit for occupatio..."

2014-08-19T09:19:25Z

Created page with " When property is sold, leased or vacated, it is common that agreements required that ‘vacant possession’ (VP) is given so that it is physically and legally fit for occupatio..."

New page

When property is sold, leased or vacated, it is common that agreements required that ‘vacant possession’ (VP) is given so that it is physically and legally fit for occupation.

This generally means that is must be empty of people and chattels (moveable objects such as furniture or substantial quantities of rubbish) and that no other parties have the right or ability to occupy or possess the property (for example, under a lease or license or under certain circumstances, a right to possession under a compulsory purchase order).

Vacant possession is generally an express term of agreements, but under certain circumstances it may be implied.

There are exceptions to this requirement, for example if it has not been possible to hand-over keys, it may be permitted for security guards to remain on the premises, or if remaining chattels do not interfere with the use of the property.

There may be a requirement to remove fixtures as well as chattels, however, failure to do so will not constitute failure to give vacant possession.

Failure to give vacant possession may constitute a breach of contract, which might result in termination of the contract, an application for specific performance, loss of deposit, and / or a claim for damages. It can be an obstacle to a break clause in a lease, leaving the tenant in possession of the premises and so with a continuing liability to pay rent.

= Find out more =

=== Related articles on Designing Buildings Wiki ===
*Chattels.
*Equipment.
*Fixtures.
*Furniture, fixtures and equipment.
*Room data sheet.
*Specification.
*Specific performance.

[[Category:Property_law]]
[[Category:Property_development]]