A vendor relying on a purchaser's implied intimation that settlement is futile must prove reliance on that intimation — it is not sufficient merely to show that the purchaser's conduct could reasonably be interpreted as indicating non-attendance. Where purchasers are represented by solicitors, reliance may be inferred from the failure to follow normal conveyancing procedures (arranging settlement time, agreeing adjustments, ascertaining cheque directions). However, where purchasers are unrepresented, their silence alone is insufficient to constitute an unequivocal intimation, and the vendor cannot rely on an expectation that unrepresented parties will follow professional conveyancing customs. The word 'accompany' in reg 155(2) of the EPA Regulation refers to the time of issue of the occupation certificate, not to a continuing requirement.
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