Yielding up and vacant possession

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FORTHCOMING CHANGE: The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025. For guidance regarding the Act’s impact on residential tenancies in England, see Practice Note: Renters' Rights Act 2025—key provisions.

Vacant possession

Vacant possession means that the property should be free of:

  1. •

    people—the buyer must be able to assume and enjoy immediate and exclusive possession, occupation and control of it

  2. •

    chattels—however, the test in respect of chattels is only likely to be breached if any chattels left in the property substantially prevent or interfere with the enjoyment of the right of possession of a substantial

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Latest Property Disputes News

Property Disputes weekly highlights—20 November 2025

This week's edition of Property Disputes weekly highlights includes: permission to appeal being granted by the Supreme Court regarding the retrospective application of the Building Safety Act 2022, High Court decisions concerning a property-related professional negligence claim, a newcomer injunction to safeguard against unauthorised trespassers, and an award of damages for breach of an agreement for lease. It also includes the appointment of Lord Doherty as a Justice of the UK Supreme Court and the Ministry of Housing, Communities and Local Government’s announcement of the implementation timeline for the Renters' Rights Act 2025.

Lord Doherty appointed as a Justice of the UK Supreme Court

His Majesty King Charles III has approved the appointment of Lord Doherty as a Justice of the UK Supreme Court. The appointment was made on the advice of the Prime Minister, Sir Keir Starmer, and the Lord Chancellor, David Lammy, following the recommendation of an independent selection commission. Lord Doherty is expected to be sworn in as a Justice in early 2026.

MHCLG announces implementation timeline for Renters' Rights Act 2025

The Ministry of Housing, Communities and Local Government (MHCLG) has published the full implementation roadmap for the Renters’ Rights Act 2025, confirming the timetable for the most significant reform of residential tenants’ rights in a generation. The government has now set out a clear, phased plan for delivering the changes, beginning with the abolition of Section 21 ‘no-fault’ evictions on 1 May 2026. From this date, all new and existing tenancies in England’s private rented sector will convert to Assured Periodic Tenancies, giving renters open-ended tenures and ending the routine use of fixed-term contracts. Landlords will still be able to regain possession of their properties for defined and reasonable grounds, such as sale, moving in, rent arrears, or serious anti-social behaviour.

Property Disputes weekly highlights—13 November 2025

This week's edition of Property Disputes weekly highlights includes: Upper Tribunal decisions that a tenant appealing a costs order was not a basis for an unreasonable conduct cost sanction, and the costs consequence of an unreasonable refusal of a settlement offer in lease negotiations, a Court of Appeal decision concerning the test for reasonableness of residential service charges, and High Court decisions concerning the compatibility of leasehold reform measures with property rights under Article 1 of the First Protocol to the European Convention on Human Rights, and proprietary estoppel and trespass claims. It also includes the Ministry of Housing, Communities and Local Government’s guidance on the Renters' Rights Act 2025.

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