Let your solicitor deal with this in the first instance. If vacant possession hasn't been given then you've paid for something you don't have.If you sell a property with vacant possession, you or your tenants can stay there up until the day of completion. When a property is being sold, as the general conditions of sale state that a buyer is entitled to vacant possession on completion. Where the landlord requires vacant possession because of the sale of a property, 30 days' notice is required. In most cases, contracts for the sale of land are subject to a special condition that they are sold with vacant possession. Times, Sunday Times (2015). When buying or selling a property with 'vacant possession' the property needs to be empty on the day of completion. Find answers on how the cash offer works, how to get a cash offer for your home, and other home selling options available to you. The problem you are going to have is that the Real Estate contract has a clause in it for having a survey completed prior to closing.