Selling a house with tenants: how it works in England, Wales, Scotland and NI

Yes, you can sell a house or flat with a tenant living in it: the tenancy carries on after the sale and the buyer becomes the new landlord on the same terms. In England you only need to serve notice on the selling ground if you want the property empty first, and that takes at least 4 months and can’t end a tenancy in its first 12 months. Wales, Scotland and Northern Ireland each have their own rules.

This page covers the practical side of a tenanted sale. If you are still deciding whether to sell up, our page for landlords selling a buy-to-let looks at that decision. If your tenant has an older regulated tenancy, see our guide to selling with a sitting tenant. This is general information, not legal advice, and the notice rules are strict.

What happens to the tenancy when you sell?

In England, Shelter explains that a tenancy does not end when the home is sold to a new owner while the tenant still lives there. After completion:

the tenancy continues on the same terms, and the rent stays the same
the new landlord is responsible for repairs from the day of the sale
the new landlord must give the tenant their name and address, and the date they became the owner, within 2 months
the new landlord must make sure the deposit stays protected in a scheme and send the tenant the details

Since 1 May 2026, when the main Renters’ Rights Act reforms took effect in England, private tenancies roll on from month to month or week to week, and tenants can end them with two months’ notice. Section 21 “no fault” evictions have ended. So a buyer in England is taking on a rolling tenancy that they can only end on a legal ground, with the right notice.

Do tenants have to allow viewings?

Not always. Shelter tells tenants in England that they do not have to allow access for a sale unless their tenancy agreement says so, and that they can say if times or days are not convenient. Landlords and agents must not pressure a tenant to move out, threaten them or harass them, and councils can fine landlords who do.

In practice, a sale goes much more smoothly with the tenant on side. Tell them early, explain what is happening, and agree times for any viewing, survey or valuation well in advance. Check what your tenancy agreement says about access before you ask.

In Scotland, Shelter Scotland says tenants with a private residential tenancy should get 48 hours’ notice of access for viewings or surveys.

What paperwork will a buyer ask for?

A buyer taking over a tenancy is taking on your obligations, so expect detailed questions. Have these ready:

The tenancy agreement, and any written statement or information you have given the tenant. In England, landlords of existing tenancies need to give tenants the government’s information sheet on the Renters’ Rights Act.
Deposit protection details. In England and Wales, a deposit must be placed in one of the government-approved schemes within 30 days of receiving it.
A rent record, including any arrears and any rent increase notices served.
Safety records. Landlords must keep gas and electrical equipment safely installed and maintained, and fit and test smoke and carbon monoxide alarms, so keep evidence of checks.
The Energy Performance Certificate.
Right to Rent checks, for properties in England.
Copies of any notices you have served on the tenant.

Our checklist of documents you need to sell covers the rest of the paperwork for any sale.

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Want to know what a cash buyer would offer?

Tell us about the property in 2 minutes. Vetted buyers, individuals and institutions, reply with offers.

Cash buyers usually offer less than full market value in return for speed and certainty. You are free to turn down any offer.

How does selling to an investor work?

If the tenancy is continuing, your buyer will almost always be a landlord or investor, because they cannot move in. The OFT’s 2013 study noted that some cash buyers let out the homes they buy. They will look at the rent, the tenant’s payment history, the condition of the property and the paperwork above, and value the home as an investment rather than as somewhere to live.

The legal steps are otherwise much the same as any sale. Your solicitor or conveyancer handles the contract and the buyer’s enquiries about the tenancy, and can advise on how the deposit is dealt with on completion. The buyer then takes over as landlord. Keeping your tenant informed throughout helps, because the buyer may want to arrange a survey.

Be ready for the trade-off. Selling to a cash buyer usually means accepting less than full market value in return for speed and certainty. A 2013 study by the Office of Fair Trading found that sellers who completed a quick sale typically gave up between 10% and 25% of market value, and a tenanted home appeals mainly to investors. Our guide to how much cash house buyers pay explains how offers are worked out.

If you would like to see what buyers would offer for a tenanted home, you can get offers for my home and tell us the property is let. With your consent, we pass the details to vetted cash buyers on our panel, from individual landlords and investors to institutions such as property companies and investment firms. We don’t buy or value property ourselves, and there’s no obligation.

When do you need the notice ground for selling?

Only if you want the property empty before you sell. In England, that means ground 1A, the ground for selling. GOV.UK guidance explains that:

you must give 4 months’ notice before you can apply to court for possession
you can give notice during the first 12 months of a new tenancy, but it cannot expire before those 12 months are up
you cannot use it if your tenant has an assured tenancy created before 1 May 2026 that was not an assured shorthold tenancy

If the tenant doesn’t leave when the notice ends, you need a possession order from the court. Our landlords page weighs up selling with vacant possession against selling with the tenant in place.

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What are the rules in Wales?

Since 1 December 2022, the Renting Homes (Wales) Act 2016 has replaced tenancies with “occupation contracts”, and tenants are called “contract-holders”.

A change of landlord. Under section 39 of the Act, when the landlord changes, the new landlord must tell the contract-holder of the change, and give an address for documents, within 14 days of taking over. If they don’t, the contract-holder can claim compensation.
Vacant possession. The Welsh Government’s guidance says the minimum notice period for a no-fault notice is 6 months, that it cannot be given until 6 months after the contract starts, and that the landlord must first have complied with Rent Smart Wales registration and licensing and the deposit rules.

What are the rules in Scotland?

Most private lets are private residential tenancies.

The tenancy continues. Shelter Scotland explains that the new owner becomes the landlord, the tenancy continues with the same rights, and the tenant does not need to sign a new agreement.
The deposit stays protected. It must be held by an approved tenancy deposit scheme until the end of the tenancy.
The buyer must be registered. mygov.scot says it is a criminal offence to rent out a property without being registered as a landlord, with fines of up to £50,000.
Selling with vacant possession. Eviction ground 1 applies if you intend to put the property up for sale within 3 months of the tenant moving out. The notice to leave must give 28 days if the tenant has lived there less than 6 months, or 84 days if 6 months or more. If the tenant doesn’t leave, you apply to the tribunal with evidence of your plans, such as a Home Report or a letter from a solicitor or estate agent.

Our guide to selling a house in Scotland explains the sale process itself.

What are the rules in Northern Ireland?

Housing Rights explains that a property can be sold with a sitting tenant. The new owner must honour the terms of the existing tenancy agreement until it expires, and must meet their legal obligations as a landlord, including landlord registration.

To end a private tenancy, the landlord must give a written notice to quit. Under the Private Tenancies Act (Northern Ireland) 2022, Housing Rights gives the minimum periods as 4 weeks for tenancies of less than a year, 8 weeks for 1 to 10 years and 12 weeks for more than 10 years. If the tenant stays on, the landlord needs a court order. Check the current position with Housing Rights or a solicitor before serving notice.

Common questions

What happens to my tenant's deposit when I sell?

It must stay protected. In England, Shelter explains that the new landlord must make sure the deposit stays protected in a scheme and send the tenant details of it. In Scotland, a deposit must be held by an approved scheme until the tenancy ends. Tell your solicitor or conveyancer about the deposit early so it can be dealt with properly on completion.

Can I sell a flat with tenants in it?

Yes. The same tenancy rules apply to flats and houses. If the flat is leasehold, the buyer will also want the usual leasehold information, such as the lease and service charge details, so ask your solicitor to request it from the freeholder or managing agent early.

If I serve notice to sell and the sale falls through, can I re-let the property?

Not straight away in England. GOV.UK's guide to the Renters' Rights Act says landlords cannot market or re-let a property for 12 months after using the moving or selling grounds. That is one reason some landlords prefer to sell with the tenant in place.

Can I offer my tenant money to move out?

You can offer, but the decision is the tenant's. Shelter advises tenants who accept money to leave to make sure they have a new home to go to first. Landlords and agents must not pressure, threaten or harass a tenant into leaving.