Selling A House With Sitting Tenants

You don’t have to wait for vacant possession to sell a buy-to-let. It can be beneficial to sell a rental property with sitting tenants. No need to serve a notice and no need to disrupt your tenant.

Advantages of selling a house with tenants in 2026?

Provide continuity for your tenants

Selling a property with a tenant is ideal if you don’t want to upset your current tenant. In most cases, another landlord will buy your property and take over the tenancy agreement.

Avoid an eviction

Serving a Section 8 notice can be a long, drawn-out process – and can cost landlords thousands of pounds in legal costs. Selling a tenanted property to LandlordBuyer avoids any kind of eviction.

Keep receiving rent

One of the biggest advantages to selling a property with a tenant is that you can keep receiving the monthly rent until the new landlord completes the purchase. There are no void periods and no loss of income.

Sell with speed

When you sell a tenanted property, you can relax knowing we will take care of the rest. You don’t have to wait for a notice period to end or for 12 months to pass.

Appeal to genuine buyers

Selling a rental property with sitting tenants is a niche exercise but you’ll almost be guaranteed other landlords will be interested. They’ll understand the responsibilities involved and will make an offer fully aware of the proposition.

Keep property in the buy-to-let sector

There are far more tenants searching for a rental property than homes available. Selling a property with a tenant means the dwelling stays in the private rental market and provides much-needed accommodation.

What rights do sitting tenants have when selling a rented property?

The rights of a sitting tenant are set out in the Renters’ Rights Act, as published by the Government here. In brief:

• The majority of existing fixed term Assured Shorthold Tenancy (AST) agreements automatically switched to Assured Period Tenancy (APT) agreements on 1st May 2026.
• APTs have a different set of rules that landlords need to familiarise themselves with.
• Tenants on APTs can give 2 months’ notice to quit at any time, even on day one.
• A Section 8 notice will be invalid if the tenant has not had their deposit protected in a deposit protection scheme, has not received the How To Rent guide, has not seen the property’s EPC certificate or does not have a copy of the gas safety certificate, for gas-connected rentals.
• Section 8 notice periods range from 2 weeks to 4 months, depending on the Ground(s) being used. The only exceptions are severe anti-social behaviour and criminal activity. These grounds do not require any notice period to start the eviction process.
• A new Ground for possession applies when a landlord wants to sell a property with vacant possession. This is Ground 1A.
• A landlord can’t use Ground 1A to evict a tenant during the first 12 months of a new tenancy.
• Ground 1A also dictates that a landlord will need to give 4 months’ notice before they can apply to the court for a possession order to evict their tenant to sell with vacant possession.
• Ground 1A cannot be used where a tenant has an assured ‘lifetime tenancy’.
• When Ground 1A has been used to gain vacant possession, and landlord cannot advertise to let or relet the property within 12 months of evicting the tenant.
• Ground 1B applies to landlords who own Rent to Buy properties. If a landlord wants to sell a Rent to Buy property, they must first offer the property to the incumbent tenants. If the tenants refuse the offer, the landlord may use Ground 1B to sell the property with vacant possession. A four month notice period applies.
• Section 21 evictions and break clauses are banned as of 1st May 2026.
• Some tenants who have an assured tenancy are harder to evict. The landlord must have legal reasons for grounds of possession, such as rent arrears or antisocial behaviour. Even then, a court may have the final say on whether the tenant can be evicted. Assured tenancies may also grant the tenant the right to live in the property for the rest of their life.
• A regulated tenant (also known as a secure tenant, a protected tenant or a ‘rent act’ tenant) can also be extremely difficult to evict as they will usually enjoy the right to live in the property until they die. Regulated tenants may also enjoy a ‘rights of succession’ clause that allows the next of kin to take up the tenancy when they die.