Selling a let property with a sitting tenant

You may simply sell a tenanted property: in the Netherlands, the rule 'sale does not break lease' applies, so the buyer takes your place as the landlord and the rental contract continues unchanged. The tenant does not need to give permission, but sometimes has a contractual right of first refusal in retail and catering premises. The price is determined by the rent flow, the remaining term and the quality of the tenant.

Can I sell a let commercial property?

Yes. Based on Article 7:226 BW, the rights and obligations from the lease agreement automatically transfer to the buyer. You do not need to ask the tenant for permission; however, it is polite – and practical – to inform the tenant in good time about the change of landlord.

The lease agreement remains valid unchanged, including the rent and indexation.
Deposits and bank guarantees are settled or transferred upon delivery.
Prepaid rent and service charges are settled pro rata at the notary.
A contractual right of first refusal for the tenant must be respected first.
In the case of mixed use with residential space, additional rules apply to the residential parts.

How does the lease agreement determine the selling price?

Buyers value a rented property on the rental stream: annual rent divided by the required gross initial yield. A long-term contract with a solid tenant lowers the required yield and thus increases the price; a short term or a weak tenant does the opposite.

Situation	Effect on the required yield	Effect on the price
Contract 5+ years, solid tenant	Lower	Higher
Contract expires within a year	Higher	Lower
Rent above market level	Higher (correction to market rent)	Lower than the rental stream suggests
Rent below market level	Lower	Higher, provided the contract can expire
Multiple tenants	Lower (risk diversification)	Higher

The maintenance distribution also counts. If you, as the landlord, bear a lot of maintenance, the net rent is lower than the gross rent and buyers will value based on the net initial yield (NIY).

Which documents does a buyer need?

To be able to assess a let property quickly, a buyer needs the rental documentation and the property documents. The more complete that set, the faster the offer becomes final.

Lease agreement(s) with all addenda and indexation letters
Current tenant overview with rental price, duration and end date
Deposits or bank guarantees
Service charge settlement for the last two years
Proof of ownership and cadastral extract
Energy label, WOZ assessment and possibly asbestos or soil report

Frequently asked questions

Does my tenant have to give permission for the sale?

No. The tenant does not have to give permission. Only if the rental contract contains a right of first refusal or an obligation to offer, must you offer the property to the tenant first.

Does anything change for the tenant after the sale?

No, except for the landlord's name and account number. Rent, term, indexation and maintenance agreements continue unchanged.

Can I sell even if the tenant has rent arrears?

Yes. Report the arrears at the time of registration, and we will include it in the assessment. We also purchase properties with a problematic rental situation.

What happens to the deposit?

This will be offset against the purchase price upon delivery or transferred directly to the buyer, so that the tenant retains their rights.

Compiled by the Pandverkoop.nl editorial team. Pandverkoop.nl may be the buyer; our offer is not an independent valuation. Our approach and sources policy. Last updated: 2026-08-23.