How To Sell Your Tenanted Property

If you’re a landlord looking to sell your buy-to-let property, you don’t have to wait for your tenants to leave before putting it on the market.

Selling with sitting tenants is common – but the rules around how you do it have changed significantly in 2026. This guide covers your options, your tenants’ rights, and what the Renters’ Rights Act 2025 means for landlords selling this year.

In this guide:

What is a sitting tenant?

A sitting tenant – sometimes called a tenant in situ – is a renter who is living in a property that the landlord intends to sell. If the tenant has an ongoing agreement with the landlord, they retain the right to continue living in the property when it is sold. Understanding both your rights and your tenant’s rights before you begin the process is essential.

Your tenant’s rights

Your tenants have the right to remain in the property for the duration of their tenancy agreement. You can only conduct viewings if this has been authorised in the tenancy agreement, and even then, you must give at least 24 hours’ notice before entering. Tenants also have the right to refuse viewings if the timing is inconvenient for them – so it’s important to be respectful and reasonable.

Throughout the process, you must be considerate when arranging access. A good relationship with your tenants will make the sale significantly smoother.

How to sell a tenanted property

There are two main routes for selling a property with sitting tenants.

Sell subject to the tenancy

This works in a similar way to a standard property sale, except that the tenancy agreement is transferred to the buyer’s solicitor before completion. The buyer becomes the new landlord, the tenants stay put, and the process can run smoothly without any need for eviction notices. This is often the simplest route for all parties.

Sell with vacant possession

If you want to sell the property empty, you’ll need to ensure your tenants have vacated by the completion date. As of 2026, the rules around how you achieve this have changed considerably – see the section below on the Renters’ Rights Act for more detailed information.

What the Renters’ Rights Act 2025 means for landlords selling in 2026

The Renters’ Rights Act 2025 is the biggest change to tenancy law in decades, and it directly affects landlords looking to sell.

From 1 May 2026, all existing assured shorthold tenancies will automatically convert to periodic assured tenancies with no fixed end date. 

So, what does this mean in real terms? This means fixed-term tenancies no longer provide a natural exit point for landlords – there is no end-of-term opportunity to simply ask tenants to leave.

Section 21 is abolished

Section 21 used to be a common route for landlords to gain possession of a property before selling, but under the new Renters’ Rights Act, it has been abolished. 

Landlords can only use the Section 21 procedure if they served the notice before 1 May 2026. After 31 July 2026, Section 21 cannot be relied upon at all. 

From that point, if you want vacant possession, you will need to use a Section 8 notice and provide a legally recognised ground for possession.

Ground 1A – selling the property

The Renters’ Rights Act introduces a new mandatory ground specifically for landlords who want to sell. Under Ground 1A, you can give your tenant four months’ notice if you plan to sell the property. 

There are two conditions: the tenancy must have already been running for at least 12 months before the notice period ends, and if you do use this ground to gain possession, you cannot re-let or re-market the property for 12 months afterwards. If you evict a tenant to sell and then decide not to, you could face significant consequences.

In practical terms, gaining vacant possession of a property now takes longer and involves more steps than it used to. For many landlords, selling with tenants in place is the more straightforward option.

What if you’ve already served a Section 21 notice?

If you have already served a valid Section 21 notice before 1 May 2026, transitional rules apply – but you must issue possession proceedings within three months. After 31 July 2026, you cannot rely on the notice at all. If you are in this position, we’d recommend speaking to a solicitor as soon as possible.

Are there advantages of selling with sitting tenants?

If you’re looking to sell on the open market, having tenants can actually be a plus. These are the advantages worth highlighting to attract buyers.

• Immediate rental income. A buyer who is also a landlord won’t need to find new tenants or wait for the property to be occupied – they inherit an income-generating property from day one. This is an attractive proposition in the current market.
• Reliable, vetted tenants. The new landlord benefits from tenants who already know the property and have an established payment history. It removes much of the due diligence involved in finding new occupants.
• Reduced void costs. If the property sits empty for several months during a sale, you lose rental income. Selling with tenants in place means you continue receiving rent right up until completion.

Disadvantages of selling with sitting tenants

There are naturally a few downsides to selling with tenants. It’s worth weighing them up before deciding on the best approach for you. 

• Narrower buyer pool. Selling with tenants in situ limits your market to investors and landlords rather than owner-occupiers, first-time buyers, or those looking to downsize. This can make the property harder to sell and may extend your timeline.
• Potential impact on value. A tenanted property can attract a lower valuation than a vacant one due to the perceived risk and the smaller pool of potential buyers.
• Uncertainty around the relationship. There’s no guarantee that the new landlord and existing tenants will have a good relationship. If tenants feel unsettled by the change, they may choose to leave, which could create complications for the buyer.

Selling a tenanted property quickly

Given the additional complexity that the Renters’ Rights Act introduces, from longer notice periods and restricted re-letting windows to the end of fixed-term exit points, many landlords are finding that selling to a cash buyer is the most efficient route.

At Good Move, we regularly buy tenanted properties and are used to working with tenants in situ. There’s no need to serve notice, no chain, and no risk of a buyer pulling out. We can make a cash offer within 24 hours and complete in as little as two weeks – with minimal disruption to your tenants. 

Learn more about selling your property quickly with Good Move, or get in touch for a no-obligation cash offer.

This guide is intended as general information only. Please consult a qualified solicitor before taking any action regarding possession or sale of a tenanted property.