Occupation refers to the date on which the seller is obliged to provide vacant occupation to the purchaser, which could be before or after registration. It further indicates the date on which the purchaser is placed in a position to take control of the property they purchased. It does not refer to the date that the purchaser actually moves into the property. If occupation of the property is taken by the purchaser, it is important to remember that they will never be a tenant as envisaged in the Rental Housing Act. If the agreement terminates for any reason, the occupant must immediately vacate the property. The rights and obligations of occupation is completely regulated by the signed agreement of sale. This is why it is important to negotiate details such as the occupational rental amount, risk, payment of utilities and allowed alterations when deciding that occupation will be taken. If the occupational agreement does not make specific mention of the payment of utilities, it is assumed that the occupational rent payable is an all-inclusive amount.
