If you are considering your future in buy-to-let, you might be wondering if you can sell a house with sitting tenants. In today’s lettings landscape, with the majority of the Renters’ Rights Act being implemented on 1st May 2026, it’s a common question asked by people contacting LandlordBuyer.
In this question and answer guide, LandlordBuyer will explain:
- Whether it is illegal to sell a property with sitting tenants
- Whether you need to give the tenants a notice period
- What possession changes are ahead
- If you need to tell the tenants you are selling
- The timelines when selling with sitting tenants
Q. Is it illegal to sell a property with sitting tenants?
A. It is perfectly legal to sell a property with sitting tenants and it will remain a valid way of selling a property even after the 1st May 2026 law changes. You can even sell a buy-to-let if there is a Regulated Tenancy in place.
Q. Do I have to give sitting tenants a notice period?
A. That depends on the status of your property when you come to sell. If you want to sell with vacant possession – that means the tenants have moved out and the property is empty – you will have to abide by the Government-set notice period. If your AST started before 1st January 2026, you can use the existing Section 21 eviction process, giving the tenants two months’ notice to quit.
All tenancies from 1st May 2026 will be subject to these new laws. Landlords have to abide by this new Ground 1A possession directive. From 1st May, no notice to quit can be served on a tenant in the first 12 months of their occupancy. Once a year has passed, a landlord must give 4 months’ notice before applying for a possession order to evict their tenant.
It’s different (and much simpler) if the landlord is selling with tenants in situ. As no notice to quit is being served, nor an eviction taking place, there is no notice period and a sale can get underway at any time.
Q. Do I need to tell my tenants I am selling?
A. If you are selling your buy-to-let with sitting tenants, you are not legally obliged to tell them about a change in ownership.
It is, however, good etiquette and polite to inform the tenant that the property is being sold. This is especially pertinent if you are selling on the open market as they will probably be a ‘for sale’ board, viewings and a listing on Rightmove.
When selling without eviction, landlords can reassure tenants that their tenancy is protected, and their contract will continue seamlessly with a new landlord in charge. Those selling to Open Property Group won’t need to facilitate viewings or have a ‘for sale’ sign either, which minimises stress and disruption for the tenant.
Q. How long does it take to sell a property with sitting tenants?
A. The timeline will depend on whether you are using an estate agent to sell on the open market, selling at auction or selling directly to a professional cash buyer like Open Property Group. The open market will take the longest as you will be narrowing down your buying audience exclusively to landlords who want to take on a tenanted property. Currently it takes around 205 days to sell a property on the open market but that figure will be longer for more niche properties with sitting tenants.
Rental properties with sitting tenants will often crop up at auction but you’re dependent on two things: that a willing landlord is present at the time of the auction and that they are happy to pay at least the reserve price for the property. If a property with sitting tenants is successfully sold at auction, exchange happens when the gavel falls and completion is usually set for within 28 days after.
Often the quickest way to sell a tenanted property without eviction is to sell to a professional cash buyer. Companies, including Open Property Group, specialise in buying rentals with sitting tenants, making landlords cash offers within hours of first contact. We can organise for exchange within 7 working days and our average offer-to-completion timeframe is just 42 days.
Open Property Group is increasing its assistance to landlords who want to sell with sitting tenants. This is light of the incoming Renters’ Reform Act and the new difficulties attached to evicting tenants. Our advice is free, so if you need a quick house sale with sitting tenants, contact us today.