LANDLORD GUIDE

Selling a tenanted property in England and Wales

The rules for landlords in England changed on 1 May 2026. Section 21 'no-fault' notices have gone, and selling now has its own possession ground with strict conditions. This guide explains your options: selling with vacant possession, or selling with the tenant staying in place.

Legal position checked: October 2026. General information, not legal advice.

The short version

  • In England, section 21 notices cannot be served on or after 1 May 2026, even if the tenancy agreement says otherwise.
  • To regain possession in order to sell, landlords use ground 1A under a section 8 notice. It cannot be used in the first 12 months of a tenancy.
  • You can sell with the tenant in situ instead. The tenancy simply passes to the buyer.
  • Wales has different law: the Renting Homes (Wales) Act 2016, where section 21 and ground 1A do not apply and no-fault notices usually need six months.

What changed under the Renters' Rights Act 2025

From 1 May 2026, existing assured shorthold tenancies in England became assured periodic tenancies, and every new private tenancy is periodic, meaning a rolling agreement with no fixed end date. Landlords can no longer serve a section 21 notice. To end a tenancy you now serve a section 8 notice that states a specific legal ground.

Tenants, on the other hand, can end the tenancy with two months' notice at any time. That matters if your tenant is already planning to move: an agreed departure is often the quickest and cheapest route to vacant possession.

Ground 1A: possession because you want to sell

Ground 1A is a mandatory ground. If the landlord proves it applies and there is no defence, the court must make a possession order. But it comes with conditions:

  • The notice must expire more than 12 months after the current tenancy began, so the ground cannot be used in a tenant's first year.
  • The notice period is four months.
  • After using ground 1A you cannot re-let or market the property to let for 12 months. Breaching this can lead to financial penalties and rent repayment orders.
  • Normal compliance still applies, for example deposit protection rules.

Selling with the tenant in place

You do not need vacant possession to sell. A property can be sold with the tenancy continuing; the buyer becomes the landlord and takes over the tenancy and the deposit obligations. This avoids notice periods, court timescales and a void period without rent.

The trade-off is the buyer pool. Owner-occupiers and most mortgage lenders want vacant possession, so a tenanted sale is usually to an investor or a cash buyer. Investors will look at the rent, the tenancy history, the condition of the property and your paperwork: the tenancy agreement, deposit protection certificate, gas safety record, EPC and electrical installation condition report.

If the property is in Wales

The Renters' Rights Act changes to private tenancies apply to England, not Wales. Since 1 December 2022, most private lets in Wales have been 'occupation contracts' under the Renting Homes (Wales) Act 2016, and tenants are called contract-holders. Section 21 and ground 1A do not exist there.

In Wales a landlord can still end a periodic standard contract without giving a reason, using a section 173 notice. For most contracts the notice must give at least six months, and it cannot be served in the first six months of occupation. Fixed-term contracts, rent arrears and breach of contract have separate rules, and an invalid notice or missing paperwork can stop you relying on it. Check the Welsh Government guidance or take advice before serving any notice.

As in England, you can sell a Welsh rental with the contract-holder staying in place; the buyer takes over as landlord.

Choosing between the routes

If your tenant is paying, the property is in good order and you want the highest price, an open-market sale with vacant possession may suit you, as long as you can wait for the notice period and any court process. If the tenancy is less than a year old, the rent is in arrears, or you simply want a clean exit on a known date, selling with the tenant in place is usually faster and more certain.

How Verified Property Buyers can help

  • We buy tenanted houses and flats, with the tenancy continuing. You do not need to serve notice.
  • We review your tenancy paperwork with you before making a formal offer, so there are no surprises late on.
  • You choose the completion date, and there are no estate agent fees.

Want to see what waiting could cost? Try the selling-cost calculator, check recent sold prices, or request a cash offer.

Common questions

Can I still use a section 21 notice in England?

No. From 1 May 2026 a section 21 notice cannot be served in England, even if the tenancy agreement mentions it.

Do my tenants have to leave if I sell?

No. If you sell with the tenants in place, their tenancy continues with the new owner as landlord.

How long does ground 1A take?

The notice period is four months and cannot expire within the first 12 months of the tenancy. If the tenant does not leave, you then need a court order, which adds time.

Sources

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