Buying a property with an occupant: what the agent must clarify

A listing shows a finished apartment and mentions rental income. The buyer imagines moving in after purchase. Those two descriptions can refer to different uses of the same property. Before arranging a visit, find out who occupies it and what that means for the proposed transaction.

This guide helps a referring agent prepare the questions. It does not interpret tenancy law or tell a buyer how to remove an occupant. The applicable agreement and local legal position need professional review.

Confirm occupancy without invading privacy

Ask the seller's authorised representative whether the property is vacant, owner-occupied, rented or subject to another arrangement. Record the date and source of the answer. A photograph taken when the home was empty does not establish current occupancy.

Request the information necessary for the transaction through the agreed process. An introductory agent does not need unrelated personal details about occupants. Where documents are required for review, use appropriate permissions, redaction and secure transmission.

Do not contact or question occupants independently merely because their details appear in a forwarded document. Visits and communications should follow the authorised arrangements.

Explain the buyer's intended use early

Record whether the buyer wants a home for their own arrival, an investment that continues renting or flexibility for both. If they need to move in by a particular date, say so before the shortlist is built.

Ask the legal adviser how the existing arrangement affects that intention. Do not assume that a sale ends occupancy or that the new owner can choose a different rent immediately. Equally, do not declare a transaction impossible from a brief reference to a tenant.

The purpose is to identify the actual constraint and the advice needed. The buyer can then decide whether the property still suits their plans.

Separate income evidence from an advertised yield

Ask what the claimed rental figure represents. Is it an asking rent, an agreement, receipts for a stated period or a forecast? Request appropriate evidence through the responsible team and identify deductions, periods and outstanding issues that need clarification.

Avoid treating a signed rental amount as cash actually received. Do not annualise a favourable short period and label it a guaranteed return. The buyer's advisers should review the rights and obligations associated with any income arrangement.

Arrange a respectful viewing

Confirm access, notice and any restrictions through the authorised representative. Tell the buyer what can actually be seen. If a room or equipment cannot be inspected, record the limitation rather than marking the whole unit checked.

Do not photograph personal belongings or documents unnecessarily. If a recording is proposed for a remote buyer, confirm permission and scope. A later technical inspection may require a separate arrangement.

Record the position before a reservation discussion

The buyer should receive a concise summary of confirmed occupancy, intended use and unresolved questions. Important terms belong in the actual transaction documents, not only in a friendly message that "the tenant will be gone by then".

If the position is still uncertain, the next step may be legal clarification rather than a reservation. For IBG introductions, provide the buyer's intended use and timing so the local team can identify the relevant questions before proposing a property.

Sources and scope

Original IBG Property editorial checklist. It makes no country-specific claim about tenant rights, possession, deposits or tax. Programme reference: IBG agent process. Obtain legal review of the property's actual occupancy arrangements.