Lease transfer upon sale of the property in Belgium
What happens to the lease when the landlord sells the rented property? Tenant's rights, registered vs unregistered lease, obligations of the new landlord.
The principle: the lease follows the property
In Belgian law, the sale of a rented property does not end the lease. The lease is a contract that follows the property, not the landlord. The buyer takes over the position of landlord under the existing conditions.
However, the tenant’s protection depends on a crucial element: lease registration with the FPS Finance.
| Situation | Tenant protection | Legal basis |
|---|---|---|
| Registered lease | Complete — enforceable against the buyer | Art. 9 Residential Lease Act |
| Lease with certain date (over 6 months) | Partial — enforceable but terminable | Art. 1743 Civil Code |
| Lease without registration or certain date | None — the buyer can terminate | Art. 1743 Civil Code |
Lease registration is free and mandatory for primary residence leases. It is the best protection for the tenant in case of sale. Without registration, the tenant risks eviction by the new landlord.
Registered lease: full protection
If the lease is registered with the FPS Finance (via MyRent), the new landlord is bound by the lease exactly like the former one. They cannot:
- Terminate the lease because of the sale
- Increase the rent beyond indexation
- Modify the lease clauses
- Require a new contract or an amendment
The new landlord may:
- Give notice at triennial deadlines for the statutory grounds (personal occupation, works)
- Collect rent in place of the former landlord
- Exercise all landlord’s rights (inspection, maintenance)
For the tenant, nothing changes in daily life. They simply need to be informed of the new bank details for rent payment.
Unregistered lease: risk of eviction
If the lease is not registered and has no certain date more than 6 months prior to the sale, the new landlord may:
- Terminate the lease without specific grounds
- Require departure with 3 months’ notice
- Propose a new lease on different terms
The unprotected tenant has no effective remedy. They can only claim damages from the former landlord (seller) for failing to register the lease — but they will have to leave the property.
How to avoid this risk
The tenant may themselves register the lease with the FPS Finance. If the landlord refuses to provide the original, the tenant may present their copy. Registration is free and can be done online via MyRent.
In practice
For the tenant
- Check the registration of your lease (search on MyMinfin or request from the FPS)
- If unregistered, do it yourself immediately
- Upon sale, request the new landlord’s contact details
- Continue paying rent normally (to the new landlord from notification)
- Do not sign anything new without checking your rights
For the selling landlord
- Inform the buyer of the existence of the lease and its conditions
- Transfer the rental deposit to the new landlord
- Provide a copy of the registered lease to the buyer
- Inform the tenant of the change of landlord and the new contact details
For the buyer
- Check for existing leases before purchase
- Consult the registration at the FPS Finance
- Factor the lease into your yield calculation (no possibility of renegotiating)
- Take over management of the lease under existing conditions
To create a properly registered lease, use our online lease generator with automatic MyRent registration. For more information, consult our guide on residential leases in Belgium.