What is vacant possession?
Vacant possession means the property is empty on completion, with no tenants or belongings left behind. Under the Renters' Rights Act 2025, regaining possession to sell means using Ground 1A with at least four months' notice, so many landlords now sell with tenants in place instead.
Read more in our guide: Selling a portfolio with tenants
Key facts at a glance
| Item | Detail |
|---|---|
| Meaning | The property is empty of people and belongings at completion, so the buyer can occupy it immediately |
| How to obtain it from a tenant | Ground 1A with at least 4 months' notice, or the tenant leaving voluntarily |
| Earliest use of Ground 1A | Not in the first 12 months of a tenancy |
| If the sale falls through | No re-letting until 12 months after the notice period ends |
| If vacant possession is not given | The seller is in breach of contract and the buyer may delay completion or claim compensation |
| Costs while empty | Mortgage, council tax, insurance, utilities and possibly an empty homes premium after a year |
What Vacant Possession Means in a Sale
Most residential sale contracts promise vacant possession on completion. That means no one is living there and no one has a right to, and the property is free of rubbish and furniture that the buyer has not agreed to take. A tenant, lodger or family member still in occupation, or a room full of belongings, can mean the seller has not given vacant possession, which can delay completion and lead to a claim for the buyer's costs.
Getting Vacant Possession from a Tenant
Under the Renters' Rights Act 2025 there are three realistic routes:
- The tenant leaves. Tenants on an assured periodic tenancy can give two months' notice at any time. Some landlords agree a move with a tenant in return for help with moving costs, recorded as a surrender in writing with keys returned.
- Ground 1A. Serve a Section 8 notice with at least four months' notice once the tenancy has passed its first year, and apply to court if the tenant stays.
- Ground 1, if you or a close family member will move in rather than sell.
Do not exchange contracts promising vacant possession until you know the tenant has left or a possession date is certain.
Is Vacant Possession Worth It?
An empty house can be sold to owner-occupiers as well as investors, which can raise the price. Against that, weigh:
- months of lost rent during the notice period, any court process and the sale;
- the risk that the sale fails and the property cannot be re-let for a year;
- empty property costs, including the council tax empty homes premium if it stays unfurnished and empty for a year;
- insurance restrictions on unoccupied properties, often after 30 to 60 days;
- the extra cost and time of selling properties one by one rather than as a portfolio.
A Simple Comparison
A house lets for £950 a month. Its tenanted value to an investor is £180,000 and its vacant value is £195,000. Taking the vacant route means at least four months' notice and, say, four months to sell, losing about £7,600 of rent, plus empty property costs of perhaps £1,500 and higher marketing costs. The extra £15,000 may shrink to about £5,000, with more risk. Your figures will differ, so ask us for a tenanted and vacant appraisal of each property before deciding.
Official Sources and Further Reading
General information for landlords in England, checked against official sources in October 2026. It is not tax, legal or financial advice: speak to a qualified accountant or solicitor about your own circumstances.
Frequently Asked Questions
Vacant possession means the property is empty on completion, with no tenants or belongings left behind. Under the Renters' Rights Act 2025, regaining possession to sell means using Ground 1A with at least four months' notice, so many landlords now sell with tenants in place instead.
Either the tenant leaves voluntarily, or you serve a Section 8 notice on Ground 1A with at least four months' notice once the tenancy has run for 12 months, and apply to court if needed.
You cannot give vacant possession, so you would be in breach of the sale contract. Avoid exchanging until possession is certain, or sell with the tenant in place instead.
Often, because owner-occupiers can buy it. The premium varies, and lost rent, empty property costs and delay can cancel much of it.
Thinking About Selling Your Portfolio?
Ask for a no-obligation portfolio appraisal, or call us to talk through your options in confidence.