Buying a property with a sitting tenant in Belgium
Buying an already-tenanted property? Tenant's rights, lease transfer, rental deposit, impact on the price and steps to take in Belgium.
Sophie’s situation
Sophie has found a 2-bedroom apartment in Namur that matches her investment criteria. The price is attractive — 10% below market value. The reason: the property is occupied by a tenant who has been in place for 4 years, with a 3-6-9 lease registered at the FPS Finance.
Sophie has two questions:
- Can she give notice to the tenant to occupy the property herself?
- If she keeps the tenant, what are her obligations?
The registered lease is the key to the situation. Registration makes the lease enforceable against the new landlord: Sophie is bound to respect the lease under the same conditions as the seller.
Tenant’s rights in case of sale
The sitting tenant benefits from significant protections:
| Right | Registered lease | Unregistered lease |
|---|---|---|
| Right to remain | Yes | Not guaranteed |
| Same lease conditions | Yes | No |
| Landlord’s notice period | 6 months (motivated) | 3 months (without grounds) |
| Indemnity for notice without grounds | 9-18 months’ rent | None |
| Rental deposit protection | Yes | Yes |
The new landlord cannot:
- Increase the rent (except normal indexation)
- Modify the lease clauses
- Require a new contract or amendment
- Evict the tenant without legal grounds
If the lease is registered, the tenant has near-absolute protection. The new landlord must respect the lease until its expiry. This is why it is essential to check the registration before purchasing.
New landlord’s obligations
Before purchase
- Check the existence of current leases (ask the seller)
- Consult the registration register at the FPS Finance
- Obtain a copy of the lease and the property inventory
- Check the rent payments: amount, payment regularity, possible arrears
- Assess the discount: a property with a sitting tenant sells for 5-15% less
After purchase
- Inform the tenant of the change of owner (recommended)
- Provide new bank details for rent payment
- Take over the rental deposit from the seller
- Register the deed of sale at the mortgage office
- Assume the lessor’s obligations: maintenance, repairs, landlord insurance
To manage the transition effectively, a rental management software centralises the lease, deposit and receipts.
Practical advice
For the investor-buyer
- A property with a sitting tenant is a good investment: immediate income, no vacancy
- Check the tenant’s creditworthiness (payment history)
- Calculate the yield based on the current rent (not on a hoped-for rent after the tenant leaves)
- See our guide on property investment in Belgium
For the owner-occupier buyer
- A property with a tenant is more complex: you will not be able to occupy it immediately
- Give notice for personal occupation from the purchase date (6-month notice period)
- Budget the potential indemnity if you give notice without grounds
- Prefer properties with a short-term lease close to its expiry
To create your own lease after the tenant’s departure, use our online lease generator. For more, see our case studies.