Start here

Updated

Selling a Tenanted Property: Sitting Tenants, Notice and Your Options

Two routes exist: sell with the tenant in situ, or end the tenancy first. Here is what GOV.UK says about each in England.

Selling because of…

The short answer

You can sell a house with the tenant still living in it, or you can end the tenancy first. Since 1 May 2026 a landlord in England cannot use a section 21 “no fault” notice to do the second. GOV.UK says landlords now need a legal reason, called a ground, to evict a tenant.

What changed on 1 May 2026

GOV.UK’s overview for landlords says the Renters’ Rights Act changes took effect on 1 May 2026. It says previously a landlord could evict tenants without a reason, known as a section 21 eviction, and that this is no longer possible.

GOV.UK’s guide to assured tenancy agreements says that on 1 May 2026 all assured tenancies, including assured shorthold tenancies, automatically became rolling tenancies. This page covers England only.

Ending a tenancy because you are selling

GOV.UK’s grounds for possession guidance (updated 1 May 2026) sets out Ground 1A for landlords who intend to sell. You cannot ask your tenant to leave within the first 12 months of a new tenancy for this reason.

You must give four months’ notice before you can apply to the court for a possession order. You can give notice during the first 12 months, but it cannot expire before the 12 months have ended. GOV.UK’s example is a tenancy that began four months ago: the landlord may need to give more than four months’ notice.

The guidance also says Ground 1A cannot be used for an assured tenancy created before 1 May 2026 that was not an assured shorthold tenancy, and that most social landlords cannot use it.

Selling a buy-to-let with the tenant in situ

GOV.UK’s selling guide has a short section on selling a rented property. It tells landlords to check Capital Gains Tax and to give notice and end the tenancy if needed. It does not say what happens to a tenancy when the house is sold with the tenant in it.

Shelter, the housing charity, says the tenancy continues as normal after a sale, with no new tenancy or written agreement required, and that a landlord who sells should inform the tenants and give the new landlord’s details. It also says a deposit must remain protected after the sale. Shelter is the source here, not GOV.UK.

Viewings

Shelter says tenants do not have to agree to inspections or viewings unless their tenancy agreement says they should. Agree a time with the tenant in writing, and consider asking the agent to keep visits to a minimum.

Capital Gains Tax

GOV.UK says you must report and pay any Capital Gains Tax due on UK residential property within 60 days of completing the sale. Check whether it applies to your sale with a tax adviser before you accept an offer.

Vacant possession: investor and owner-occupier buyers

A buyer who wants to live in the house will usually want the tenancy ended first, and the route GOV.UK sets out for a landlord who is selling is Ground 1A. A buyer who wants a rental can take the house with the tenant in place. Our tenanted property page covers the cash route. For the three fast routes, see how to sell a house fast. If you are still deciding whether to keep it, read whether it is worth renting out and the costs of renting out a house.

Whichever you choose, check the buyer before you sign. Questions to ask a cash house buyer lists proof of funds and complaint scheme checks, and selling a house with no fees explains the costs behind a headline offer. If you are still weighing up whether to sell, see the sell versus rent out comparison.

FAQ

Can I sell my rental property while tenants are still living there?

Yes. Shelter says the tenancy continues as normal after a sale, with no new agreement required, and the new owner becomes the landlord. A buyer who wants a buy-to-let can take the property with the tenant in situ.

Can a landlord evict a tenant just to sell the property?

In England, GOV.UK says a landlord can use Ground 1A if they intend to sell. It needs four months’ notice before applying to court and cannot be used within the first 12 months of a new tenancy. Section 21 is no longer available.

Is section 21 still available?

No. GOV.UK says the Renters’ Rights Act changes took effect on 1 May 2026 and landlords can no longer use the section 21 process. They need a legal reason, called a ground.

Can tenants refuse property viewings?

Shelter says tenants do not have to agree to inspections or viewings unless their tenancy agreement says they should. Agree a time in writing.

Do I have to tell my tenants I am selling?

Shelter says a landlord who sells should inform the tenants about the sale and give the details of the new landlord.

Do I pay Capital Gains Tax when I sell a rental property?

GOV.UK says any Capital Gains Tax due on UK residential property must be reported and paid within 60 days of completing the sale. Check your own position with a tax adviser.

Sources and when we checked them

Every figure and rule on this page comes from the sources below, read on . The date next to each source is the “last updated” date the publisher shows. Rules and thresholds change, so check the source before you rely on a detail.

Sound familiar?

If this is why you’re selling

Match the guide to the life pressure that brought you here, then compare the routes before approaching any buyer.

Read before you accept any fast offer

Enquiries through this site are not open yet. The guides explain how cash buyers, auctions and quick-sale agents compare, and the checks that protect you.

Read the guides