A dated, itemised handover record is the clearest practical evidence that keys and access devices changed hands. It should identify the property, record the handover date, list each item, note its condition, and identify the people handing over and receiving it. The Estate Agents Authority states that vacant possession is generally delivered upon completion unless the property is sold with a tenancy, which is a separate check from confirming the physical handover.
Keep the handover separate from vacant possession
Handing over every key does not, by itself, establish that the property is vacant. A handover record may still need to state who attended, which items were not delivered, and what the parties observed inside the property.
The Estate Agents Authority says the seller normally lets the buyer inspect the property before completion to verify the delivery of vacant possession. That inspection addresses possession of the property; the key-and-access-device record addresses the transfer of particular items.
What the handover record should show
A practical record can include the following:
| Field | What to record |
|---|---|
| Property | The full address or another clear property identifier |
| Handover date | The actual date, including whether the handover occurred at completion |
| Keys | Each key by description, such as entrance, unit, cupboard or other identified use |
| Access devices | Applicable gate remotes, building fobs, keycards or electronic access devices |
| Identifying details | Relevant serial numbers, markings or other identifiers, where appropriate |
| Condition | Any damage, missing parts or device that could not be checked |
| Transfer status | Whether each item was handed over, outstanding or unavailable |
| People involved | The names and roles of the person handing over and the person receiving the items |
| Acknowledgement | Signatures or written acknowledgements, if used by the parties |
| Possession note | A direct description of the possession status observed, without assuming more than was checked |
Photographs or written messages may provide supporting context, but they do not replace an itemised record. For example, a photograph may show a group of keys without establishing which key opens which lock, while an itemised list identifies the items but may not show their condition.
A simple handover acknowledgement could state:
On [date], [person and role] handed [itemised keys and access devices] to [person and role] for the property at [address]. The items were received in the condition recorded below: [condition or exceptions].
Signatures can make the acknowledgement easier to attribute to each person. However, the cited Estate Agents Authority publication does not prescribe a particular form, wording or signature for this purpose. The record should therefore be described as practical handover evidence, not as a mandatory statutory certificate.
How to check the record
Before treating the handover as documented, the seller and buyer can compare the following:
- The property reference: Confirm that the record relates to the correct home and not merely a similar unit in the same building.
- The physical items: Compare the keys and devices present at handover with the written list.
- The handover timing: Record whether the transfer happened before, during or after completion, without backdating the document.
- Exceptions: Identify missing, damaged, untested or replacement items instead of leaving them out of the record.
- The people involved: Record each person’s role and, if signatures are used, the capacity in which they sign.
- The possession inspection: Keep the handover evidence distinct from any earlier inspection concerning vacant possession.
- The sale agreement: Check the signed agreement for any property-specific handover arrangements rather than assuming the working record contains every agreed term.
Any discrepancy can be noted on the same document or in a separate written acknowledgement linked to it. The final record should show what was actually transferred, not simply what was intended to be transferred.
What still needs confirmation
The handover record does not replace the sale agreement or the completion record. Its legal significance will depend on the transaction documents and circumstances.
The reader should still confirm:
- whether the property was sold with a tenancy, because the supplied Authority material treats that as an exception to the usual vacant-possession position;
- whether anyone attending the handover had authority to receive the property or items;
- whether the contract contains particular inventory, handover or acknowledgement provisions;
- whether another formal document is required for a particular legal or procedural purpose; and
- whether the completed record is sufficient if a later disagreement arises.
If the form or legal effect of the evidence matters, the reader should confirm those points with a qualified conveyancing adviser rather than assuming that an unsigned, signed or photographed list has the same legal effect.