Selling with ‘vacant possession’ means that there is no one entitled to occupy the property, and that the property is more or less empty of ‘goods and chattels’.    Clearly it is not giving vacant possession if a house is sold with a tenant in place, but sometimes occupancy is not so obvious.   Premises do not need to be completely clear of clutter, tidy or indeed clean for there to be vacant possession, however in extreme cases the seller may be in breach of contract.  Special considerations apply to commercial leases, these sometimes define ‘vacant position’ by specifying what the tenant must do when giving up the property.