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Revisiting the Concept of Vacant Possession

Updated: May 16, 2023

On 7.10.2022, our Alden Yeoh presented the topic “Revisiting the Concept of Vacant Possession” at a webinar organised by the Malaysian Bar Conveyancing Practice Committee as Part 4 of the ongoing CPD Live and Conveyancing Pocket Series.

The following points were discussed:

  • The plain ordinary meaning of the term Vacant Possession

  • The definition(s) of Vacant Possession in caselaw

  • The “factual” and “legal” dimensions to Vacant Possession

  • Construing the intention of parties under the contract

  • Deeming provisions

  • Statutory contracts

  • How and when Vacant Possession is delivered

  • Can one refuse delivery of Vacant Possession

  • Implications of breach of an obligation to deliver Vacant Possession

After concluding the presentation, the participants in attendance had the opportunity to pose questions and to seek the speaker’s views on issues relating to Vacant Possession.

We would like to thank the Malaysian Bar Conveyancing Practice Committee and the Malaysian Bar Secretariat for the invitation to present on this topic.

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