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After buying a property, what is the process for handover in case a tenant is occupying it?
Hello
After the sale of the property, what is the process for handover in case a tenant is occupying or a landlord is occupying?
How is the handover with the landlord done?
What if the transfer is done but no key was handed over by the owner, how much compensation can be expected due to delay or lack of key handover?
Thanks
Clear communication between all parties involved—sellers, buyers, landlords, and tenants—is crucial throughout this process.
Proper documentation and adherence to legal obligations help ensure that transitions are smooth and disputes are minimized.
Dear Inquirer
We are pleased to serve you and address your inquiries.
The sale agreement must include all details, including delivery, in accordance with the terms and conditions of the contract.
Contact us via email or call our offices in Dubai or Sharjah.
Jasim Al Haddad Advocates & Legal Consultants
Dear Questioner,
Thank you for your inquiry regarding the handover process after the sale of a property.
I understand you are concerned about the procedure for handover when the property is either occupied by a tenant or by the landlord themselves. Below is a detailed response to your queries:
1. Handover When Tenant is Occupying the Property:
If the property is currently rented out, the following steps generally apply:
Notification of Sale to Tenant: The seller must inform the tenant about the sale. The buyer will typically take over the lease agreement, and the tenant should continue to fulfill their obligations under the existing contract.
Lease Transfer: The new owner (buyer) will inherit the rights and responsibilities under the tenant’s lease, and the tenant will continue to pay rent to the new owner.
Property Inspection: A proper inspection should be conducted, and any agreed-upon repairs or maintenance should be completed.
Tenant Vacating (If Applicable): If the property is to be vacated, the buyer may need to follow the appropriate legal steps to proceed with the eviction, should the tenant not vacate as per the lease terms.
2. Handover When the Landlord is Occupying the Property:
If the landlord is living in the property, the following should be expected:
Notice of Handover: After the sale is completed, the seller (landlord) should vacate the property. This should typically occur within a reasonable period after the transfer of ownership.
Key Handover: The seller is required to hand over the keys to the property once the transfer of ownership is complete. This should be part of the final property handover process.
Property Inspection: The buyer should inspect the property to confirm that it is in the condition agreed upon in the sale contract.
3. What Happens If the Keys Are Not Handed Over?
If the transfer has been completed, but the keys have not been handed over, the following steps are recommended:
Legal Action: The buyer can request the seller to hand over the keys, as it is the seller's legal obligation to do so once the sale is concluded.
Compensation for Delay: If there is a delay in receiving the keys, the buyer may be entitled to compensation for the delay.
The amount of compensation could be based on factors such as rental value, temporary accommodation costs, or other expenses caused by the delay.
4. Recommended Steps:
Review the Sale Agreement: Ensure that the terms of the sale agreement clearly specify the handover process, including the date for the key handover and any specific terms regarding occupancy by tenants or the seller.
Legal Recourse: If there are any issues or delays in receiving the keys, we can assist in pursuing legal action to recover the keys and seek appropriate compensation for any delays.
Please do not hesitate to reach out if you need further clarification or assistance with this matter. I am happy to assist in ensuring that the process proceeds smoothly and in your best interest.
Best regards,
Mohammed Salah
Legal Consultant
The seller (previous owner) must provide vacant possession of the property to the buyer on the agreed-upon handover date.
This means the seller must move out all their belongings and ensure the property is clean and ready for occupancy.
If the seller fails to provide vacant possession or hand over the keys on the agreed-upon date, it's considered a breach of the sale contract.
The specific terms and conditions of the handover process, including any provisions for delays or compensation, will be outlined in the sale agreement.
We will discuss all the possibilities and procedures to be undertaken in detail. Kindly share your WhatsApp number to proceed with us.
Greetings,
The handover process after a property sale depends on whether the tenant or landlord occupies the unit:
If a tenant is occupying: The new owner must honor the existing tenancy contract unless a legal notice is served for eviction per UAE tenancy laws.
If the landlord is occupying: Handover should be completed on the transfer date, including key delivery.
If the property is transferred but the keys are not handed over, compensation may be claimed based on contract terms, market rental value, and potential legal action.
For a detailed assessment and legal guidance, book a consultation with Future Vision for Advocacy and Legal Consultancy today!
We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.
To contact us, you can call or WhatsApp us.
Dear Client,
Thanks for your question!
I hope you are doing well. I will assist you in this matter.
The property handover process in Dubai varies depending on occupancy. For tenant-occupied properties, the new owner must honor existing contracts and notify the tenant of the ownership change.
For landlord-occupied properties, schedule an inspection, clear payments, complete DLD documentation, and arrange a physical key handover.
If the property transfer is completed but the keys aren't handed over, the buyer can seek compensation through the Rental Dispute Settlement Center.
Compensation isn't standardized and depends on factors like delay duration and incurred costs (e.g., temporary accommodation).
To prevent issues, ensure all handover steps are completed, including the physical transfer of keys and access cards, even after finalizing the transfer with DLD.
You can contact us via WhatsApp for further clarification or additional support. We are dedicated to providing professional, timely, and comprehensive assistance tailored to your situation.
Thank you,
ABDUL WAHIED
1. Property Handover Process if the Tenant is Occupying the Property.
- The new buyer inherits the existing tenancy contract, and the tenant's rights remain protected under its terms.
- The new owner must notify the tenant of the ownership change.
- If the new owner wishes to evict the tenant, a 12-month eviction notice must be served via a notary public or registered mail (as per local laws).
- The security deposit and any outstanding payments should be settled between the old and new landlords.
2. Property Handover Process if the Landlord is Occupying the Property.
- The landlord must vacate the property before or on the agreed handover date.
- The keys, access cards, and any necessary documents (such as utility clearance letters) should be handed over to the new owner.
- If the landlord refuses to hand over the property after the sale is completed, the buyer has the right to file a lawsuit demanding the handover, along with compensation for the delay equivalent to the rental value of the property for the period of delay until full handover.
If you need further clarification, please do not hesitate to contact us by phone.
