Selling a buy-to-let property, with or without tenants

You can sell a buy-to-let either with your tenants in place or with the property empty. In England, since 1 May 2026 you can no longer use section 21 to get vacant possession; instead you can sell with tenants in place to an investor, or use the new selling ground, which needs 4 months’ notice and can’t be used in the first 12 months of a tenancy. Wales, Scotland and Northern Ireland each have their own rules.

This guide explains both routes, the rules in each nation, and the tax and mortgage points to plan for. It’s general information, not legal advice, and the notice rules are strict, so take advice before serving any notice.

What changed for landlords in England on 1 May 2026?

The Renters’ Rights Act received Royal Assent on 27 October 2025, and its main tenancy reforms took effect in England on 1 May 2026. According to GOV.UK:

Section 21 “no fault” evictions have ended. Private landlords can no longer evict tenants without a valid reason.
Tenancies are periodic. Existing fixed terms converted to periodic tenancies, rolling from month to month or week to week with no end date. Tenants can end them with two months’ notice.
Old section 21 notices had a deadline. If you served a section 21 notice before 1 May 2026, any court possession proceedings using the section 21 process had to be made no later than 31 July 2026.

Further changes are being phased in. The government’s roadmap indicates a new private rented sector database from late 2026 and a landlord ombudsman expected in 2028, although these dates are indicative.

How does the selling ground work?

If you want to sell with vacant possession, you’ll normally rely on ground 1A (sale of the dwelling-house). GOV.UK’s guide to the Act explains that:

you must give 4 months’ notice
it can’t be used in the first 12 months of a new tenancy
once you’ve used it, you can’t market or re-let the property for 12 months

Shelter adds that a landlord using ground 1A needs to show they are genuinely selling, and that tenants can resist the claim with evidence that the landlord doesn’t plan to sell. It also explains that a court cannot order an eviction if the tenant’s deposit hasn’t been protected or returned by the time of the hearing. If the tenant doesn’t leave when the notice ends, you’ll need a court order, which adds time.

In practice, that means a vacant-possession sale needs planning months ahead. Build the notice period and a possible court hearing into your timetable before you commit to a purchase or a deadline.

Free · No obligation

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.

Can you sell with tenants in place?

Yes, and for many landlords it’s the simpler route under the new rules. Shelter explains that:

the tenancy doesn’t end when the home is sold
the buyer becomes the new landlord and takes over the tenancy on the same terms
the new landlord must keep the deposit protected in a scheme
the new landlord must give the tenant their name and address within 2 months of buying

Buyers of tenanted property are usually investors who want the rental income. They will look closely at the rent, the tenancy history, the condition of the property and the paperwork: the tenancy agreement, deposit protection certificate, gas and electrical safety records and Energy Performance Certificate. Having these ready helps.

Keep your tenants informed. A sale can be unsettling for them, and good communication makes viewings and surveys much easier. Our guide to selling a home with sitting tenants explains how tenanted sales work in more detail.

What are the rules in Wales, Scotland and Northern Ireland?

Wales. The Renting Homes (Wales) Act 2016 came into force on 1 December 2022 and replaced tenancy agreements with “occupation contracts”. The Welsh Government’s guidance explains that the minimum notice period for a no-fault notice is 6 months, that you can’t give one until 6 months after the contract starts, and that you must have met your obligations, such as registration and deposit protection.

Scotland. Most private lets are private residential tenancies. mygov.scot explains that a landlord who intends to sell can use eviction ground 1, but only if they plan to put the property up for sale within 3 months of the tenant moving out. The notice to leave must give 84 days if the tenant has lived there for 6 months or more, or 28 days if less. If the tenant doesn’t leave, the landlord applies to the housing tribunal for an eviction order, and will need evidence of the sale plans, such as a home report or a letter from a solicitor or estate agent.

Northern Ireland. Landlords end a private tenancy with a notice to quit. The minimum notice period depends on how long the tenancy has lasted, and the rules have changed in recent years under the Private Tenancies Act (Northern Ireland) 2022, so check the current position with Housing Rights or a solicitor before serving notice.

Advertising

Advertise here

Reach homeowners while they plan a sale: conveyancers, removals, surveyors, clearance and more.

Advertise with us

Opens our media pack (PDF, 533 KB).Advertising standards

What about tax and your mortgage?

Capital Gains Tax. Capital Gains Tax can be due on any gain when you sell a property that isn’t your home. Where tax is due on UK residential property, GOV.UK says you must report and pay it within 60 days of completion. If you once lived in the property, some relief may apply. Our guide to Capital Gains Tax on property explains the basics, and HMRC guidance or a tax adviser can tell you what applies to you.

Your buy-to-let mortgage. The mortgage will be repaid from the sale proceeds. Check for early repayment charges. If you’re behind on payments, note that the pre-action protocol for mortgage arrears in England and Wales doesn’t apply to buy-to-let mortgages, so get advice early.

How does a quick sale work for a landlord?

Because a tenancy carries on after a sale, you don’t necessarily need vacant possession to sell to an investor. That can save months compared with serving notice and waiting for the property to empty.

The trade-off is price. A quick sale to a cash buyer usually means accepting less than full market value in return for speed and certainty. A tenanted home is also mainly of interest to investors rather than people looking for somewhere to live, because the buyer can’t move in. Our guide to how much cash buyers pay explains what to expect. If your tenants are leaving anyway, or you’re happy to wait, an open-market sale with vacant possession may get you more.

If you’d like to see what’s possible, you can tell us about your property and, with your consent, we’ll pass the details to vetted cash buyers on our panel, including whether it’s tenanted. We don’t buy or value property ourselves, and you’re under no obligation to accept any offer.

Common questions

Can I sell my rental property with tenants still living in it?

Yes. Shelter explains that a tenancy doesn't end when a home is sold; the new owner becomes the tenant's landlord and takes over the tenancy on the same terms. Because the buyer can't move in, tenanted homes mainly appeal to investors.

Can I still use section 21 to get vacant possession before selling in England?

No. The Renters' Rights Act abolished section 21 no-fault evictions in England from 1 May 2026. If you served a section 21 notice before that date, court proceedings had to be started no later than 31 July 2026. Landlords now have to use one of the grounds for possession, such as the selling ground.

How much notice do I have to give my tenants if I want to sell?

In England, the selling ground (ground 1A) needs 4 months' notice and can't be used in the first 12 months of a tenancy. In Wales, a no-fault notice needs at least 6 months. In Scotland, the landlord-intends-to-sell ground needs 84 days' notice if the tenant has lived there for 6 months or more, or 28 days if less. Take legal advice before serving any notice.

Will I pay Capital Gains Tax when I sell a buy-to-let?

Possibly. Capital Gains Tax can be due on a gain when you sell a property that isn't your home. Where tax is due on UK residential property, you must report and pay it within 60 days of completion. Our guide to Capital Gains Tax on property explains the basics, and HMRC guidance or a tax adviser can tell you what applies.