Selling a tenanted property became more tightly regulated on 1 May 2026, when the Renters’ Rights Act 2025 abolished Section 21 and replaced the old fixed-term framework. You can still sell — either with the tenant in situ or with vacant possession — but if you need the tenant out to sell, you now rely on a specific possession ground (Ground 1A) with strict limits. This guide explains your options. It is written for England.
This guide is part of our complete Renters’ Rights Act guide for UK landlords.
Key takeaways
- You can sell with the tenant in situ (the buyer takes over as landlord) or seek vacant possession first.
- To recover the property to sell, you use Ground 1A with four months’ notice.
- Ground 1A cannot be used in the first 12 months of a tenancy.
- After using it you cannot re-let or re-market the property for 12 months.
Option 1: Sell with the tenant in situ
The simplest route is often to sell to another landlord with the tenancy continuing. The buyer inherits the assured periodic tenancy and becomes the new landlord, the tenant stays put, and you avoid a void. This keeps rental income flowing during the sale and sidesteps the possession rules entirely — though your buyer pool is investors rather than owner-occupiers, which can affect price and speed.
Option 2: Recover vacant possession using Ground 1A
If you need the property empty to sell — typically to reach owner-occupier buyers — you must use Ground 1A (sale of dwelling-house) under Section 8. Three rules bite hard:
- Four months’ notice. You must give the tenant at least four months’ notice.
- Not in the first 12 months. You cannot use Ground 1A during the first 12 months of the tenancy — there is a 12-month protected period at the start.
- No re-letting for 12 months. After using the ground you cannot re-market or re-let the property for 12 months. Breaching this can attract a financial penalty, so the ground cannot be used as a backdoor to clear and re-let.
Because Section 21 has been abolished, you can no longer simply wait for a fixed term to end and serve a “no-fault” notice — there are no fixed terms, and no Section 21. Ground 1A is the route, and you must genuinely intend to sell.
Which option is right for you?
| Factor | Sell with tenant in situ | Vacant possession (Ground 1A) |
| Buyer pool | Investors / landlords | Owner-occupiers and investors |
| Rental income during sale | Continues | Stops once tenant leaves |
| Notice required | None to the tenant | 4 months’ notice |
| Timing limits | Any time | Not in first 12 months |
| Re-letting restriction | None | No re-let for 12 months |
Practical tips for a smooth sale
- Talk to your tenant early. A cooperative tenant makes viewings and access far easier; you must still give proper notice for any visit.
- Get your paperwork in order. Gas safety certificate, EPC, deposit protection details and the tenancy agreement will all be needed by buyers and solicitors.
- Plan around the 12-month rules. If you may want to sell, factor the protected period and notice into your timeline rather than acting at short notice.
- Consider the tax position. Capital gains tax may apply on a buy-to-let sale — take advice on timing and reliefs.
Frequently asked questions
Can I still serve a Section 21 notice to sell?
No. Section 21 was abolished on 1 May 2026. To recover possession in order to sell you must use Ground 1A under Section 8, with four months’ notice.
Can I sell without evicting the tenant?
Yes. You can sell with the tenant in situ; the buyer becomes the new landlord and the tenancy continues unchanged.
What happens if my sale falls through after I used Ground 1A?
You still cannot re-let or re-market the property for 12 months after using the ground. This restriction is designed to stop the selling ground being misused, so only use it when you genuinely intend to sell.
Written by the Landlords Portal editorial team. This article is general information for UK landlords, not legal advice. The Renters’ Rights Act is being implemented in stages and secondary regulations continue to be published — check the current position or take professional advice before serving any notice. Sources: Guide to the Renters’ Rights Act (GOV.UK) and the Renters’ Rights Act 2025.
