Your rights when your landlord is selling the property

When your landlord decides to sell the property you rent, it can feel unsettling. But selling a property does not automatically end your tenancy, and you have rights that continue through the sale process. Here is what happens when your landlord sells, and what you can do.

Does my landlord have to tell me they are selling?

There is no legal requirement for a landlord to tell you before they put the property on the market. However, your landlord must give you proper notice before:

• Entering the property for viewings, they need your permission, or must give at least 24 hours' written notice and visit at a reasonable time
• Doing anything that affects your quiet enjoyment of the home

Your landlord cannot force you to allow excessive or unreasonably timed viewings. You can reasonably refuse or restrict access if the requests are intrusive or unreasonable in number.

Does the sale end my tenancy?

No. When a property is sold, your tenancy continues on the same terms. The new owner becomes your landlord automatically and takes over all the obligations of the previous landlord.

If you have a fixed-term tenancy that has not yet ended, the new landlord must honour it. They cannot evict you simply because they bought the property.

If you are on a periodic tenancy (rolling month to month), the new landlord can serve a Section 21 notice, but they must follow all the same rules and notice periods as any other landlord.

Do I have to leave when the sale completes?

No, not unless your tenancy has already legally ended and proper notice has been given. The sale itself is not a notice to leave.

If someone tells you that you must leave because the property is being sold, check whether you have received a valid notice. A notice is only valid if it:

• Is in writing
• Gives the correct notice period (at least two months for a Section 21, or the correct period under Section 8 if grounds apply)
• Is served correctly (in person, by post, or as specified in your tenancy agreement)
• Meets all other legal requirements, including that the landlord has protected your deposit, provided an EPC and gas safety certificate, and served the "How to Rent" guide

A sale does not by itself give the landlord grounds to evict you under Section 8. "Owner wishes to sell" is not a mandatory ground for possession.

What if the new landlord wants to move in?

If the new owner wants to live in the property themselves, they can serve a Section 21 notice (for an assured shorthold tenancy) and apply to court for possession if you do not leave.

However:

• They must follow the full process, notice, then court claim, then bailiff warrant if necessary
• They cannot force you to leave before the court process is complete
• You can contest an invalid notice
• You can ask the court to delay if you need more time to find somewhere else to live

If the new landlord is claiming they need to move in as a ground for eviction under Section 8 (Ground 1), this requires that the original landlord previously lived in the property as their main home. It is not available to a brand-new buyer who has never lived there.

What about my deposit?

Your deposit must be transferred to the new landlord. The new landlord takes on the obligation to protect it (if it has not already been protected) and return it at the end of the tenancy subject to any deductions.

You should get written confirmation of who now holds your deposit, which deposit scheme it is in, and how to contact the new landlord.

Can I claim for disrepair during the sale or after?

Yes. You can bring a disrepair claim against your current landlord for disrepair that occurred during your tenancy, even if the property is being sold or has already been sold. If the disrepair happened while the previous landlord owned the property, you may be able to bring a claim against them.

The new landlord becomes responsible for any ongoing disrepair from the date they take ownership. If they become aware of the disrepair (or it is obvious) and fail to fix it, they can be liable too.

When should I contact Support for Tenants?

If your home has disrepair that your landlord has not fixed, whether or not they are selling, call us on 0800 030 4669. A sale does not remove your right to compensation for disrepair during your tenancy.

No upfront cost. You only pay if you win, and the fee comes out of the compensation. If you don't win, you pay nothing.

Sources

• Housing Act 1988 (legislation.gov.uk)
• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)

Related articles

• What is a Section 21 notice, is it still legal?
• Right to quiet enjoyment
• Retaliatory eviction explained