If you want to dispose of a buy-to-let you own, there are two scenarios for you to consider:
- Selling with vacant possession
- Selling with tenants in situ
Sell with sitting tenants: your right
It is perfectly legal for a landlord to sell their buy-to-let with tenants in situ. Property laws are there to protect tenants from unlawful eviction, but this leaves landlords free and well within their rights to sell their buy-to-let, with sitting tenants, to another landlord.
Can tenants challenge a sale?
In most cases, the tenant has no legal right to stop or object to a sale. There is a rare exception in the case of qualifying non AST tenants – usually long leaseholders. They sometimes enjoy the Right of First Refusal under the Landlord and Tenant Act 1987. This means they can legally challenge a sale if the property is not offered to them first.
Telling your tenants about a sale
While there is no legal requirement to tell your tenants you are selling the property with them still in occupation, it is best practice (and polite) to let them know what’s happening.
Bear in mind you might want to keep your tenant appeased and onside if buyers, energy assessors and surveyors will require access to the property. While tenants have no right to legally stop a sale, they do have a legal right to refuse viewings under the ‘quiet enjoyment’ law.
How to tell tenants you are selling to another landlord
The goal is to keep tenants informed, giving them all the information they need to keep calm.
- All communication should be made formally in writing so if you talk to the tenant in person, follow up with an email or letter
- Explain that you are not starting the eviction process
- Reassure tenants they can stay in their home
- Tell them their tenancy agreement will continue, as signed, when the new landlord takes over
- Explain that their deposit will be protected throughout
- Explain that the new landlord can’t increase the rent or evict them without following legally-bound procedures
- Clarify there may be requests for access but with the required 24 hours’ written notice
- Outline a proposed timeline for the sale and tenancy handover
- Share your contact details, or that of the selling agent, if they have any concerns
- Provide full details of the new landlord once the sale completes
No viewings? No problem
Not every tenant will be happy about a change in landlord. They may exercise their right to refuse viewings, keep the property in an untidy state or cause damage out of spite. Viewings can be kept to an ultra-minimum when selling to LandlordBuyer as we are the purchaser. This mitigates the need for a stream of potential buyers traipsing in and out.
The quickest way to sell with sitting tenants
LandlordBuyer is a regular purchaser of buy-to-lets with sitting tenants. Sell to us for:
- A direct buyer-seller relationship, no estate agent, or their fees, involved
- Zero requirement to repeatedly disturb your tenant
- An ‘as seen’ sale – no need to redecorate or fix issues
- A seamless tenancy transition, with our property managers stepping in and taking over
- A genuine cash offer – no fuss or drama
- Exchange within 28 days of an offer
- Complete as quickly as 7 days after exchange, or set your own completion date
Important: selling with vacant possession is about to get harder
Section 21 eviction notices will be banned from 1st May 2026, making it harder for landlords to regain their property with vacant possession. Evictions will still be legal via Section 8 notices but a new Ground 1A within the Renters’ Rights Act stipulates an eviction can’t happen in the first 12 months of a tenant moving in and even then, four months’ notice must be given before the landlord applies to the courts.
Use our step-by-step explainer on how to sell a property without evicting your tenants to plan your buy-to-let exit, contact the LandlordBuyer team for free advice or request an online property valuation here.