Selling a Tenanted Property Under the New Renters’ Rights Act

The forthcoming Renters’ Rights Act introduces major changes to the private rented sector in England and will directly affect landlords who plan to sell their property.

Once the legislation takes effect, landlords will no longer rely on Section 21 “no-fault” notices to regain possession. Instead, you must use a specific legal ground if you want to recover your property in order to sell it.

What You Need to Know If You Plan To Sell

If you are planning to put your tenanted property on the market, here’s what you need to know:

Use the Correct Legal Ground

If you intend to sell, you must serve notice under the new mandatory ground for sale. You will need to confirm your genuine intention to market the property and follow the correct legal process.

2. Plan for Notice Periods

You must give tenants the required notice period. If tenants do not leave by the end of that period, you may need to apply to the court for possession. This means you should factor additional time into your sales plans.

3. Ensure Full Compliance

Before you serve notice, you must comply with all legal requirements, including:

Protecting the deposit correctly
Providing up-to-date gas and electrical safety certificates
Supplying a valid EPC
Issuing all required tenancy documentation

If you fail to meet these obligations, you risk delaying your sale.

4. Decide How You Want to Sell

You can choose to:

Sell with the tenant in place, which may appeal to investment buyers, or
Regain vacant possession before marketing to the wider residential market

Your circumstances and the local market will influence the best approach.

Act Early and Plan Ahead

If you think you may want to sell your rental property, review your tenancy position now. The new legislation requires careful timing and strict compliance, so early planning will help you avoid delays and protect your sale.

If you would like to discuss your options, we are happy to provide guidance tailored to your situation.

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