The Renters' Rights Act has fundamentally changed the way landlords can sell tenanted property. The days of serving a Section 21 notice and expecting vacant possession within a couple of months are over. If you're thinking about selling your rental property, your strategy now needs to be planned carefully from the outset. 

At Boydens, we've been helping landlords buy, sell and manage investment properties for decades. One thing is becoming increasingly clear, in many cases, selling with the tenant remaining in the property is now the quickest, simplest and most financially beneficial option.

What has changed?

Since 1st May 2026, all assured shorthold tenancies have become periodic assured tenancies and Section 21 has been abolished. If a landlord wants possession to sell, they must now rely on Ground 1A under Section 8 of the Housing Act 1988. 

This means:

• You cannot require a tenant to leave within the first 12 months of a new tenancy. 
• Ground 1A requires four months' notice. 
• Even after the notice expires, possession is only obtained through the court if the tenant does not leave voluntarily. 
• Court delays can significantly extend the overall timescale. 
• Your intention to sell must be genuine and capable of being evidenced if challenged. 

For many landlords, that could mean waiting many months before a property is actually vacant.

Selling with a tenant in situ may now be the smarter option

Many landlords automatically assume they need vacant possession before marketing a property. In reality, that is often no longer the best approach.

A property already producing rental income can be extremely attractive to another landlord because:

• Rental income continues until completion. 
• There is no costly void period. 
• The buyer immediately acquires an income producing asset. 
• There is no need to find a new tenant after completion. 
• The existing tenancy simply transfers to the new owner. 

For professional landlords and investors, this can actually make the property more attractive than an empty one. 

If you do need vacant possession

If your buyer wants to live in the property themselves, or you simply wish to sell with vacant possession, planning is essential.

Before serving Ground 1A you should:

• Be certain that selling is your genuine intention. 
• Speak to your letting and sales agent first. 
• Understand the likely court timescales if possession becomes necessary. 
• Avoid promising buyers a completion date that depends on the tenant leaving. 

One of the biggest mistakes landlords can make is assuming that serving notice guarantees vacant possession by a certain date. Unfortunately, it doesn't. 

Don't forget your tenant

Even when a property is being sold, your tenant still has legal rights.

They remain entitled to:

• Quiet enjoyment of the property. 
• Reasonable notice before viewings. 
• Respectful communication throughout the sales process. 

Good communication often results in better cooperation, smoother viewings and a more successful sale.

Be careful how the property is marketed

The Propertymark guidance highlights an important point.

A property should never be advertised as definitely being available on a certain date if vacant possession depends upon the legal possession process completing.

Instead, marketing should use wording such as:

• Subject to vacant possession 
• Notice has been served 
• Sold with tenant in situ 

Being transparent protects everyone involved and helps avoid misunderstandings later in the transaction. 

Our advice? Speak to your agent before serving notice

One of the biggest changes brought about by the Renters' Rights Act is that landlords now need to decide how they are going to sell before taking any action.

At Boydens, we'll discuss:

• Whether selling with the tenant in situ would achieve the best price. 
• Whether your likely buyer is another landlord or an owner occupier. 
• Whether serving Ground 1A is actually necessary. 
• The likely timescales involved. 
• How to keep your sale fully compliant with the Renters' Rights Act. 

In many cases, landlords are surprised to learn that they can achieve an excellent price without ever having to ask the tenant to leave.

How Boydens can help

Our sales and lettings teams work together to give landlords advice that considers both the legal position and the commercial reality.

If you're thinking about selling your rental property, we'll help you choose the most appropriate strategy, whether that's:

• Selling with a tenant in situ to another investor. 
• Planning a compliant sale with vacant possession. 
• Marketing the property in a way that protects both you and your tenant. 
• Managing the entire process from instruction through to completion. 

The Renters' Rights Act has changed the rules, but with the right advice, selling your investment property doesn't need to become more difficult.

Thinking of selling your rental property? Contact the Boydens team today for a no-obligation discussion. We'll explain your options; ensure you remain compliant with the Renters' Rights Act and help you achieve the best possible outcome for your investment.

This article is based on Propertymark's guidance on selling property under the Renters' Rights Act and is intended as general guidance only. Specific legal advice should always be obtained where appropriate.