The tenancy agreement
The current written agreement, any renewals and any variations to the rent or terms agreed over the years.
Selling a house with tenants in England
Selling a house with tenants is entirely possible, and it does not have to mean ending anyone's home. This guide sets out the two main routes, the tenancy rules that apply in England, how deposits and viewings work, and what a buyer's solicitor will ask for. It is general information, so please check your own position with a solicitor. We buy rental properties in every region of England.
Two routes for a let property: tenants in situ or an empty sale
A landlord selling a tenanted property has two broad choices. The first is to sell the property with the tenants living there, so the tenancy carries on under a new landlord. The second is to bring the tenancy to an end properly first and sell the property empty.
Which suits you depends on your tenants, your timetable and who you expect to buy. An empty home can be sold to anyone, including owner-occupiers who need a mortgage, and that usually means a wider market and a higher price. But ending a tenancy takes time, follows strict rules that can involve the courts or a tribunal if a tenant does not leave.
If you sell the property with tenants in situ, you avoid all of that. The trade-off is that your buyers are mostly other landlords and investors, who will look at the rent, the condition and the tenancy terms rather than the kitchen. That usually affects the price.
Our page for landlords selling up explains how we buy rental properties once they are empty. The rest of this guide is about the rules and the practical steps, whoever you sell to.
England: tenancy rules since the Renters' Rights Act
The rules in England changed on 1 May 2026, when changes under the Renters' Rights Act 2025 came into effect. On that date, assured shorthold tenancies became assured periodic tenancies, fixed terms ended and section 21 "no fault" notices were abolished. A landlord who wants the property back now needs a section 8 ground. GOV.UK has an overview of the Renters' Rights Act for landlords.
If you served a section 21 notice before 1 May 2026, it had to be used to start court proceedings by 31 July 2026 at the latest. Those notices can no longer be used.
The selling ground (Ground 1A)
- It is a mandatory ground for a landlord who intends to sell.
- You must give the tenant 4 months' notice.
- It cannot be used to end a tenancy within its first 12 months. Notice can be served during that period, but it cannot expire before the 12 months are up.
- After using the selling or moving-in ground, a landlord cannot re-let or market the property for letting for 12 months.
The GOV.UK guidance on grounds for possession sets out the detail. This is an area where a small mistake in a notice can undo months of waiting, so we would always suggest a solicitor prepares or checks it.
If you sell with the tenancy in place
The tenancy continues. In the words of the guidance, the new landlord buys the property subject to the tenancy, and the tenant's rights stay the same. The new landlord must tell the tenant their name and address in writing by the next rent day, or by the end of 2 months after the sale if that is later, under section 3 of the Landlord and Tenant Act 1985. That rule applies in England.
Notice periods for a landlord selling in England
Understanding what happens to a tenancy when selling starts with the notice rules. This table pulls the figures above together. It is a summary only. Notice rules have exceptions and conditions, and the form of the notice matters as much as its length.
| Nation | Tenancy type | Route for a landlord selling | Minimum notice |
|---|---|---|---|
| England | Assured periodic tenancy (since 1 May 2026) | Section 8, Ground 1A (mandatory) | 4 months, and not ending in the first 12 months |
We have deliberately left out how to deal with a tenant who does not leave. That is a legal process for your solicitor, and it is not something we get involved in. Whether to end a tenancy, and how, is a decision for you and your solicitor.
Your tenants' rights while the property is for sale
Putting a let property up for sale does not change the tenancy. Your tenants still have the same rights under their agreement and the law, including their right to live in the home without unreasonable disturbance. Selling is your decision, but it is their home, and the sale goes more smoothly when that is respected.
Talk to your tenants early
Tenanted sales tend to go best when they start with a plain conversation. Tell the tenants you are selling, explain whether you expect the tenancy to continue with a new landlord and tell them what visits to expect. Uncertainty worries people far more than a clear plan does.
Viewings and access
- Check what your tenancy agreement says about access and notice for visits.
- Ask the tenants for convenient times and confirm each visit in writing.
- Keep the number of visits down. A buyer of a tenanted home rarely needs more than one or two.
- Never enter without agreement and never use viewings to pressure anyone into leaving.
If we view a let property before the tenants have moved out, one visit, at a time the tenants agree, is usually all we need. We are polite, we are brief, and we explain who we are.
Deposits, paperwork and what the buyer's solicitor asks for
Whether you sell with tenants in situ or empty, a buyer's solicitor will want to see the history of the tenancy. Gathering it early saves weeks of back and forth. Your own solicitor will confirm exactly what is needed and how the deposit is dealt with on the sale, before anything is signed.
Deposit records
Where the deposit is held and the paperwork given to the tenant. Ask your solicitor how the deposit is handled when the property changes hands.
Rent and arrangements
A statement of the current rent, the payment date and anything agreed informally that a new landlord needs to know.
Safety and energy papers
Any safety certificates you hold and the EPC. A seller in England must give the buyer a valid EPC.
Notices already served
Copies of any notice you have given the tenant, with proof of how and when it was served.
Title and ownership
Your solicitor obtains official copies of the register. We check the seller is the registered proprietor before exchange.
Let homes are one of the property types HM Land Registry says are more at risk of fraud, so expect a careful buyer to check your identity. Our page on why we check identity before buying explains what we ask for and why. HM Land Registry's advice on protecting property from fraud is worth reading for any landlord.
Selling a let property to Resolute Estate Solutions
Resolute Estate Solutions Ltd buys rental properties in England with vacant possession only. The tenancy must have ended and the property must be empty by completion. We do not buy properties with tenants in place.
The tenancy must be ended lawfully, and that is your decision, made with your own solicitor. Take their advice and follow the GOV.UK guidance for landlords linked above before you serve any notice. We do not advise landlords on how to end a tenancy.
It helps to have the paperwork for an empty let in one place: the Energy Performance Certificate, the latest gas safety record, the electrical installation condition report (EICR), and confirmation that the tenancy deposit has been returned through the protection scheme that held it. Once the tenants have moved out, check the property against the inventory, read the meters and collect every set of keys. Council tax on an empty home is usually the owner’s to pay from the day the tenants leave, so tell the council the date.
Once the property is empty, our usual process applies. You receive a written offer with our Terms of Business, there are no fees, and we pay your legal fees. Our page on how we work out our offers explains how we reach a figure.
Is selling to a landlord, at auction or on the open market right for your let?
Would an owner-occupier pay much more? If the property would suit a family and a lender would mortgage it, selling it empty on the open market may well produce more money, even after the notice period. Our guide comparing estate agents, auctions and direct buyers sets out the trade-offs.
Are the tenants settled and paying? A good tenancy is an asset to another landlord. Selling with tenants in situ lets them keep their home and saves you a void period.
Does the property need work? Properties that need significant repairs are harder to sell to owner-occupiers either way. Our page on selling a house that needs major repairs explains how works affect price.
Is it already empty? If your tenants have moved out, an empty home brings its own costs, from insurance to a possible council tax premium on an empty property. Our page on selling a vacant house covers that situation.
If you want to see what a direct sale would look like once the property is empty, our page on what happens after you accept our offer walks through each step, and you can send us details of your let property or call 0203 746 5656. You can say no to any offer at no cost.
Questions landlords ask about selling with tenants
Can I sell a house with tenants living in it?
Yes. In England, the buyer takes the property subject to the tenancy, and the tenant's rights stay the same. The new landlord must give the tenant their name and address in writing.
Do I have to tell my tenants I am selling?
You will need their co-operation for any visits, and they will find out when a new landlord writes to them. Telling them early and honestly is almost always the better approach. Your tenancy agreement and your solicitor can confirm any formal requirements.
What happens to the tenancy deposit when I sell?
How the deposit is handled depends on the tenancy and on how the sale is structured, so your solicitor will deal with it as part of the conveyancing. Have your deposit records ready early, as the buyer's solicitor will ask for them.
Will Resolute Estate Solutions buy a property with tenants in situ?
No. We do not buy properties with tenants in place. We buy rental properties with vacant possession only, so the tenancy must have ended and the property must be empty by completion. The tenancy must be ended lawfully, so take advice from your solicitor. Once the property is empty, we make a written offer, there are no fees, and we pay your legal fees.
Can I use section 21 to sell my property in England?
No. Section 21 was abolished on 1 May 2026. A landlord who intends to sell now relies on Ground 1A, which needs 4 months' notice and cannot end a tenancy in its first 12 months. Take advice from a solicitor before serving any notice.
Does selling with tenants reduce the price?
It often does, because the buyers are mainly other landlords rather than owner-occupiers who need a mortgage. Against that, you avoid a notice period and a void, and your tenants keep their home.
Page last reviewed on by the Resolute Estate Solutions team.