Landlord vs Tenant Rights When Selling a Buy -To- Let Property
- leighcoe08
- Oct 1
- 12 min read
The news that the landlord is selling the house can raise many questions for the tenant, a common concern immediately comes to mind, can I be evicted if my landlord sells their house.
It can all make for a very uncertain situation for all concerned, for the landlord it is a big financial decision, for the tenant it’s their home and their security. This is why it’s so crucial all parties are on the same page in terms of the legal framework here, it has a huge amount of clarity and can even avoid possible disputes.
This place aims to clarify the rights and responsibilities from a neutral standpoint, providing essential information on what happens when a landlord is selling a house and addressing the fundamental question: Can I be evicted if my landlord sells their house?
If you’re a landlord contemplating on whether to sell your property portfolio, then read our guide on how, where, when and what to consider before selling your property portfolio.
TENANTS RIGHTS WHEN SELLING A RENTED PROPERTY
The Tenancy Agreement: Your Primary Legal Reference
At the centre of all landlord-tenant relationships is the rental agreement, this contract which blinds you with the law, lays down what is what in the rental - fees, who fixes what and importantly how the tenancy comes to an end. In the UK, the most prevalent type of agreement for private renters is the Assured Shorthold Tenancy (AST). The provisions within your specific AST will heavily influence the process during a property sale.
Tenancy Status During a Property Sale
The Key factor determining the tenant’s position during a sale is whether their tenancy is within a fixed term or has become periodic (a rolling contract).
During a Fixed-Term Tenancy
Again, if the tenant is in a fixed-term tenancy agreement 6 months or 12 months agreement, then the tenant’s general rights will be the right to continue to live in the property subject to the end of the fixed term. The landlord cannot just ask the tenant to vacate because the landlord is selling the property. The tenancy agreement continues and any new owner essentially “inherits” the existing tenant and must honour the terms of that agreement. The fixed term offers the tenant a period of guaranteed occupation.
Break Clauses
An exception exists if the tenancy agreement contains a specific “break clause”, this clause if present and correctly advised allows either the landlord or the tenant to end the tenancy early by giving the stipulated amount of notice (e.g 2-months notice after the first 6 months). Both parties must adhere strictly to the conditions outlined in the break clause for it to be valid.
Mutual Agreement
Tenants and property managers can come to an agreement any time about ending a fixed term tenancy early, but the agreement must be in writing.
During a Periodic (Rolling) Tenancy
When a fixed-term tenancy finishes without being renewed and the tenant still pays the rent, the tenancy usually becomes a 'periodic tenancy' which is usually on a month-by-month basis and in this scenario, the rules for ending the tenancy differ.
Implications of SECTION 21 for landlord and tenant
Section 21 Notice (No-Fault Eviction)
Under current legislation for most ASTs in England, the landlord can serve a section 21 notice to regain possession of the property without needing to state a reason. The minimum notice period required for a valid Section 21 notice is generally two months, however specific legal requirement must be met for the notice to be valid e.g deposit protection, provision of energy performance certificates, gas safety certificates and the “how to rent” guide at the start of the tenancy and If these conditions are not met,the notice may be invalid.
The Section 21 process, which is commonly referred to as a ‘no-fault’ eviction notice, is set in motion the moment a landlord issues their tenant with at least two months of written notice to vacate their premises. For the notice to be legally valid, the landlord should have also followed other rules, for example, they should have protected the tenancy deposit and given the tenant certain documents at the start of the tenancy. The landlord can then ask a court for a possession order if the tenant does not leave by the date given. Then the landlord would then need to apply for a bailiff warrant to legally remove the tenant. This process currently applies, but keep in mind that legislation regarding Section 21 is set to change in the future.
Here's a simplified step-by-step process:
Serve a Section 21 notice: The landlord must serve a valid Section 21 notice to the tenant(s), providing them with a minimum notice period as specified by law, typically at least two months. This notice informs the tenants that the landlord wishes to regain possession of the property.
Wait for the notice period to expire: During this time, the tenants can vacate the property voluntarily.
Seek a possession order (if necessary): If the tenants do not vacate the property by the end of the notice period, the landlord can apply to the court for a possession order. This involves submitting the necessary paperwork and attending a court hearing.
Obtain a possession order: If the court is satisfied that the Section 21 notice was validly served and that the landlord has followed the correct procedures, it will issue a possession order. This gives the tenants a specified period of time to vacate the property.
Enforcement (if necessary): If the tenants still do not vacate the property after the possession order expires, the landlord may need to apply for further court action to enforce the order, such as hiring bailiffs to evict the tenants.
For tenants navigating the sale of their rented home, the Landlord and Tenant Act 1985 stands as a foundational piece of legislation in the UK. It quietly underpins many of your basic protections, ensuring that even amidst changes in ownership, the landlord’s responsibility for things like structural repairs, maintaining essential services and keeping the property habitable remains firmly in place. It’s a key part of the legal safety net designed to give tenants peace of mind about their living conditions, regardless of who owns the brick and mortar. If the property is subject to the Landlord and Tenant Act 1987, tenants may have a right of first refusal.
Implications of Section 8 for UK landlords and tenants
Section 8 Notice (Fault-Based Eviction)
The landlord can serve a section 8 notice if the tenant has breached the terms of their tenancy agreement e.g significant rent arrears, causing damage, ant-social behaviour. The notice period for a section 8 varies depending on the specific grounds for eviction, in cases where the tenant has fulfilled their responsibilities, a section 8 notice would not typically be applicable solely for the purpose of selling the property.
Upcoming legislative Changes
It’s important to note that the UK government is progressing with the Renters (Reform) Bill, which includes plans to abolish Section 21 no-fault evictions. If this bill becomes law, landlords will need to rely on specific, legally defined grounds such as the landlord intending to sell the property or move into it themselves to regain possession, even for sales. These new grounds are expected to still require a minimum notice period, as of the current date, section 21 remains in effect.
The sale process and tenant rights
Even if a property is being marketed for sale, a tenant’s fundamental rights remain protected. Tenancy continues, the sale of the property does not automatically end the tenancy, the new owner steps into the shoes of the previous landlord and must honour the existing tenancy agreement’s terms.
Property Viewings
Tenants are entitled to quiet enjoyment of their home, the landlord or their agent does not have an automatic right to enter the property for viewings, they must request the tenant’s permission. Provide at least 24 hours written notice for any viewing, ensure viewings are conducted at reasonable times, while tenants can refuse viewings, consistent refusal might strain relations, potentially affecting future references.
Deposit Protection
The tenant’s deposit must remain protected in a government backed tenancy deposit scheme, the outgoing landlord must ensure the new landlord takes over responsibility for this protection and the deposit will be returned to the tenant by the new landlord at the end of the tenancy, subject to any valid deductions.
Information About the New Landlord
The current landlord should inform the tenant about the sale and provide the new landlord’s contact details, the new landlord must provide their name and a UK contact address to the tenant within two months of purchasing the property.
Rent Payments: Tenants should continue paying rent as stipulated in their agreement, they will be notified if the bank details for payments change to the new landlord.
Repairs and Maintenance
The landlord’s legal obligations for repairs and maintenance continue throughout the sales process, the new landlord inherits these responsibilities immediately upon purchase.
For both landlords and tenants, clarity and communication are paramount during a property sale.
For landlords they will need to understand their legal obligations regarding notice periods, deposit transfers and tenant rights. Seeking legal advice before serving notice or marketing the property can prevent costly errors and delays. For Tenants they need to know their rights under their tenancy agreement and relevant housing law, do not feel pressured to leave without proper notice or legal process. Communication is key, while not legally required beyond formal notices, open communication between landlord and tenant can help mange expectations and facilitate a smoother process for everyone involved. In conclusion, while the landlord selling a house is a common occurrence, the question of can I be evicted if my landlord sells their house is firmly rooted in legal rights. Tenants in the UK are afforded significant protections, ensuring that any termination of a tenancy, even due to a sale must follow strict legal procedures. Understanding these procedures is essential for both landlords to act lawfully and for tenants to protect their home.
Navigating the Sale: Landlord and Tenant Rights Explained
When a property in the UK is put up for sale, it naturally brings questions for both landlords and tenants. Tenants may feel uncertain about their future, while landlords need to understand their legal obligations. This Q&A aims to provide clear, concise and professional answers to common questions about property sales, offering guidance to all parties involved without favouring either side.
What are the tenants rights in general if a landlord wants to sell?
Q: What are the tenant’s rights if the landlord decides to sell in the UK?
A: The tenant’s primary right is to continue living in the property according to the terms of the tenancy agreement. The sale of the property does not automatically end the tenancy. If the property is sold, the tenancy agreement transfers to the new owner, who becomes the new landlord and must honour the existing terms until it legally ends.
Q: What are the tenant’s rights when the landlord sells the house?
A: the tenant’s rights remain largely the same as before the sale, the new owner steps into the shoes of the previous landlord. This means the rent payments, maintenance responsibilities and the tenant’s right to peaceful enjoyment of the property continue under the existing agreement. The deposit remains protected in a government-backed scheme and the new landlord takes over responsibility for it.
Q: Can the landlord evict the tenant if he wants to sell the house?
A: No, not directly or immediately, the landlord cannot simple evict the tenant because they want to sell the property, especially during a fixed-term tenancy. They must follow specific legal procedures to end the tenancy. If th fixed term has ended, they would typically need to serve a valid notice (such as a section 21 or section 8 notice) to regain possession of the property.
Arranging viewings for potential buyers
Q: How much notice does my landlord have to give me for viewings?
A: The landlord (or their agent) must give the tenant at least 24 hours written notice before entering the property for viewings, this is a standard requirement for private tenancies in the UK to protect the tenant’s right to privacy and quiet enjoyment of their home.
Q: Does the tenant have to allow viewings?
A: No, the tenant does not have to allow viewings, the landlord requires your permission to enter the property for viewings, while it’s generally beneficial for both parties to cooperate to facilitate a sale, you have the right to refuse.
Q: Can the tenant refuse landlord viewings?
A: Yes, the tenant can refuse landlord viewings, if the tenant does not give permission, the landlord (or their agent) cannot enter there home, however, persistently refusing viewings might strain the relationship with the landlord and could potentially impact future references, though it is within the tenant’s legal rights.
Q: Can the landlord take pictures of the tenant’s house to sell in the UK?
A: The landlord generally needs the tenant’s permission to take photos of the interior of the house, especially the tenant’s personal belongings are visible, it’s good practice for the landlord to discuss this with the tenant. And some may offer to take photos when the tenant’s personal items ae out of shot or to schedule a time that suits the tenant, if the tenant refuses, the landlord cannot force the tenant
What is the notice period from each party?
Q: How much notice does the landlord give before selling?
A: The landlord does not give notice of selling instead, the landlord gives notice to end the tenancy so the landlord can gain vacant possession, which then facilitates a sale.
During a fixed term: The landlord generally cannot give notice to end the tenancy unless there’s a valid “break clause” in the tenant’ contract, which would specify the notice period (e.g 2 months).
On a periodic tenancy: The landlord typically needs to serve a Section 21 notice, which requires a minimum of 2 months notice, if there are grounds for eviction (e.g rent arrears), the landlord might use Section 8 notice, where notice periods vary.
Q: Can the landlord evict the tenant if he wants to sell?
A: Yes, but only by following the correct legal process to end the tenancy, which usually involves serving a valid notice (e.g Section 21 for no-fault evictions) and potentially obtaining a court order for possession if the tenant does not leave by the notice expiry. The sale itself is not a direct eviction mechanism during the tenancy.
Q: Can the tenant leave early if the landlord is selling?
A: During a fixed term: the tenant is typically bound by the tenancy agreement until the end of the fixed term, the tenant cannot simply leave early without risking liability for rent until the end of the term or until a new tenant is found. However, the tenant can try to mutually agree with the landlord to surrender the tenancy early, this agreement should always be in writing.
On a periodic tenancy: the tenant usually needs to give the landlord at least one month’s notice in writing, ending on a rent payment date, to end the tenancy. The specific agreement will detail the exact notice required from the tenant.
Which laws are applicable to this situation?
Q: Do Section 21 notices still exist?
A: Yes, as of June 2025, section 21 “no-fault” eviction notices still exist and are currently a valid legal tool for landlords in England to regain possession of their property. However, the UK government is progressing with the Renters (Reform) Bill, which proposes to abolish Section 21 in the future. When this bill becomes law, landlords will need to rely on specific, legally defined grounds for possession.
Q: What is a Section 21 notice for the landlord selling a house?
A: A Section 21 notice is a legal notice served by the landlord to the tenant to regain possession of their property at the end of a fixed-term tenancy or during a periodic tenancy, without needing to state a specific reason or fault on the tenant’s part. While the reason for serving it might be that the landlord intends to sell, the notice itself doesn’t explicitly state “selling”. It simple requires the tenant to vacate by a certain date (minimum 2 months).
Q: What is a Section 8 notice for selling property?
A: A Section 8 notice is a legal notice served by the landlord when the tenant has breached the terms of their tenancy agreement (e.g significant rent arrears, damage to the property, anti-social behaviour). While a landlord might sell a property after serving a Section 8 notice, the notice itself is based on tenant fault, not solely on the intention to sell. The notice period for a Section 8 varies depending on the specific “ground” for eviction.
Dilemmas for the landlord
How much does a sitting tenant devalue a property?
The presence of a “sitting tenant” (a tenant living in the property while it’s for sale) can indeed impact the property’s market value, estimates vary widely but some suggest it could devalue a property by anywhere from 5% to 25% or more, depending on several factors:
Type of Tenancy: the tenant with very strong, long-term tenancy rights (e.g an older “regulated” tenancy, less common now) will devalue a property more significantly.
Tenant Cooperation: If the tenant is uncooperative with viewings or keeps the property in poor condition, it can deter buyers and reduce offers.
Buyer Pool: Selling with a sitting tenant limits the buyer pool primarily to other landlords or investors, rather than owner-occupiers, reducing competition.
Rental Yield: If the property offers a strong, stable rental yield, it might appeal more to investors and lessen the perceived devaluation.
Can the tenant stop the landlord from selling a house?
Legally the tenant cannot stop the landlord from selling their property, the landlord has the right to sell their asset, however the tenant can significantly complicate or delay a sale, particularly if they:
Refuse access for viewings (which is within their rights if not mutually agreed).
Are uncooperative during the sales process.
Are in a fixed-term tenancy that has a long time left to run, making the property unattractive to buyers who want vacant possession.
Raise legitimate complaints about disrepair or other breaches, potentially delaying legal processes or impacting the property’s condition for sale.
While the tenant cannot legally block a sale, their cooperation can greatly influence the speed and success of the process.
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