By Keith Shaw
Estates Gazette – 2010
Vacant possession is an element of property law that ensures a property is left in good condition when it changes hands. Every time a property is sold, or if tenants move out of rented property, vacant possession is unavoidable; a vital part of the job of any property lawyer or surveyor. Yet this is the first book to look at this area in depth.
If a property professional understands vacant possession they can make sure their cases move quickly and complete at a time that suits them. If they do not, they are vulnerable to others who know it better and can use the law to frustrate proceedings for months or even years while their clients continue to pay money on rent or mortgage payments for properties they're not using.
This book is essential reading for all property lawyers and surveyors. It is destined to be the definitive guide to vacant possession.
'Vacant possession is an important issue for building surveyors and this book's coverage of the nature and effect of the obligation in the commercial contexts provides essential guidance for practitioners.' – Julian Bisson, Partner, Malcolm Hollis LLP
'This book is the first of its kind to explain the intricacies of vacant possession for the surveyors in practice' – Robert Burke, Head of Commercial Building Surveying, Watts Group PLC
1. What is Vacant Possession? 2. Issues in Vacant Possession 3. Vacant Possession as a Contractual Condition 4. Vacant Possession and Standard Conditions of Sale 5. Defining the Obligation 6. Breaching the Obligation 7. The Scope and Extent of the Obligation 8. Completion and Remedies for Breach 9. Vacant Possession in the Leasehold Context 10.Case Studies
Keith Shaw is a solicitor in the Property Litigation Department at Pinsent Masons LLP, and a researcher in the Durham University Law School, UK.