Yes. The existence of a tenancy does not in itself prevent the sale and purchase of the property. The key is to identify the applicable agreement, its date, term, conditions, any potential pre-emption rights, and the obligations the buyer will assume as the new owner.

This should not be assumed. For residential tenancies subject to the current wording of Article 14 of the LAU, the purchaser succeeds to the landlord’s rights and obligations for the statutory periods provided for therein. Earlier agreements may be subject to a different regime, so the date and applicable wording must be checked.

It means that, where the law requires such succession, the buyer assumes the landlord’s position under the agreement for the applicable period. It does not mean entering into a new agreement, nor does it allow its terms to be changed unilaterally merely because of the sale.

The LAU recognises rights of first refusal and redemption in certain cases involving the sale of a rented home. There are exceptions, and the tenant may have waived the right where permitted by law. Before signing, the agreement should be checked, along with whether the required notices have been properly served.

Under its general regime, Article 25 of the LAU establishes a period of thirty calendar days from the day after formal notice of the decision to sell, including the price and essential terms. The exceptions, any possible waiver, and the law applicable to the specific agreement must be reviewed.

No. A land registry extract provides information on the registered status, but physical possession and the existence of occupancy or tenancy agreements require additional checks. The LAU permits tenancy agreements that are not necessarily registered and provides for them to be formalised in writing at either party’s request.

It must be clear who currently occupies the property, on what basis, when and how possession and keys will be handed over, and what happens if handover does not take place as agreed. A purchase of a vacant property should not be based solely on a verbal statement.

No. A tenant may have an agreement and rights defined by the LAU or another applicable regime. A person may occupy under a loan for use, usufruct, family permission, an agreement with the seller, a different contract, or a disputed arrangement. The commercial label “occupied” does not by itself determine the legal situation.

The transaction should only be committed to after verifying that possession can be delivered by the required date and that there is no right of use or tenancy that must deba be respected. Buying the property does not by itself guarantee immediate availability to move in.

Where occupancy is relevant to the purchase decision, an independent legal professional should review the agreement, date, basis of occupancy, notices, and handover of possession. The real estate agent can coordinate documentation and viewings, but does not replace individual legal analysis where there is a dispute or uncertainty.