Preparation should focus on confirming when vacant possession is due and checking that every key, remote and access device expected to be handed over is present and usable. A seller generally delivers vacant possession on completion unless the property is sold with a tenancy.
The cited Estate Agents Authority guidance also says that the seller normally allows the buyer to inspect the property before completion to verify vacant possession. It does not prescribe a particular list, quantity or testing method for keys and access devices, so those details must be confirmed separately.
How to check the handover
A practical handover record can cover:
- Every key intended for transfer
- Remotes, access cards, fobs and other entry devices
- The quantity and visible condition of each item
- Whether each device operates at the entrances it is meant to open
- Any missing, damaged or non-working items
- The date and point at which possession and devices will be handed over
The inspection should focus on the items actually agreed for transfer rather than assuming that a standard number of keys or devices is included.
What if the property is sold with a tenancy?
The general vacant-possession rule has an exception where the property is sold with a tenancy. In that situation, the parties should separately confirm how access will be transferred and who will provide the keys, remotes or other devices. The cited passage does not set out a separate handover procedure for tenanted properties.
What still needs confirmation
Before completion, the seller and buyer should confirm:
- Which keys and access devices are included
- How many of each item will be provided
- Whether all devices work as expected
- How any defective or missing device will be resolved
- When possession and access will be transferred
- Whether the sale contract or tenancy contains any different arrangement
The official material does not state a mandatory number of devices, a device-return deadline, a fee or a required testing method. The contract and the circumstances of the sale therefore remain important, especially where the property is occupied or tenanted.