In a judgment of 27 March 2023, the Luxembourg Court recalls the rules regarding the transfer of rights and obligations between the seller and the purchaser of a building already rented at the time of the sale.

The date to be taken into account to verify whether there is a transfer of the rights arising from the lease in favor of the new owner is the date on which the payment by the tenant is due.

As a result, the balance of the rental charges is owed by the tenant to the new owner if the rental expenses breakdown is drawn up after the sale, even if the said expenses were consumed partly before the sale.

In this case, our client, who was the new owner of the building, won the case.

The judgment is not final yet and still subject to appeal.