Selling a Property With Tenants in Malta

Key facts

Lease: Registered leases continue under their terms
Options: Sell to an investor with the tenant, or sell with vacant possession
Viewings: Agree access with the tenant in advance
Advice: Check the lease with a lawyer

Two ways to sell

With the tenant in place — usually to an investor, who takes over the lease and the rental income. Show the lease, rent, deposit and payment history.
With vacant possession — after the lease ends in line with its terms and the Private Residential Leases Act, or by agreement with the tenant. This widens the market to owner-occupiers.

Practical points

Read the lease — term, notice, renewal and access for viewings. Take legal advice before making promises to buyers.
Keep the tenant on side — agree viewing times, keep them informed; a cooperative tenant helps the sale.
Present the property well — even tenanted, it should be clean and tidy for photos and viewings.
Deposit and inventory — make sure they are clearly documented for the buyer.

Tax

Most sellers pay a final property transfer tax of 8% on the transfer value, with other rates and exemptions in specific cases — see selling property in Malta.

Questions & answers

Can I sell my property in Malta while it is rented?

Yes. A sale does not by itself end a valid lease, so you either sell to a buyer who takes the property with the tenant in place, or agree with the tenant to end the lease in line with its terms and the law.

Does a tenant have to allow viewings?

That depends on the lease. Most well-drafted leases set out reasonable access for viewings with notice; agree times with the tenant to keep cooperation.

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