If you’re renting and your landlord decides to sell, the rules have changed in a big way. The old system, where a landlord could ask you to leave with a Section 21 “no-fault” notice, is being scrapped. Under the new Renters’ Rights Act 2025, a landlord must prove they genuinely intend to sell, and you have far stronger rights to stay put during the process. This shift affects every tenant in England, and knowing what you’re entitled to can make the difference between a rushed move and a fair outcome.
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This article is general information only and does not constitute professional advice. For your specific situation, consult a qualified professional.
The shift from Section 21 to Ground 1A isn’t just a paperwork change. It means a landlord can no longer evict you without a specific legal reason. If they want to sell, they must follow a stricter process, and you have the right to challenge it if the evidence doesn’t stack up. For tenants, this is a significant gain in security. For landlords, it means planning a sale requires more care, especially around compliance and timing. Here’s what you actually need to know.
What the Renters’ Rights Act Changes for Tenants
The central concept here is Ground 1A.
What I tend to notice is that tenants often assume they have to leave the moment a landlord mentions selling. Under the new rules, that’s not the case. You have rights, and the landlord has obligations. If you’re unsure about your situation, it’s worth getting a clear picture of what your lease agreement terms actually say about sale and possession.
The Full Cost Picture: What Selling Means for You
When a landlord sells, the financial impact on you can be significant, but it’s not always obvious. The biggest cost is often the disruption of moving — finding a new place, paying a new deposit, and covering moving fees. But there’s also a less visible cost: the discount a landlord might accept to sell with you still in the property. According to Landlord Studio, properties sold with a tenant in situ typically sell for 5–15% less than vacant ones. That discount can be thousands of pounds, and it’s a strong incentive for a landlord to try to get you out.
If the landlord uses Ground 1A to regain possession, they must serve a Form 3 notice giving you at least 4 months to leave. But that’s not the only timeline. The tenancy must have been running for at least 12 months before the notice can be served. So if you’ve only been in the property for 6 months, the landlord cannot use Ground 1A yet. They would have to wait or explore other options.
There’s also the question of compliance. Before a sale can go through, the landlord’s solicitor will audit the property’s paperwork. Missing gas safety certificates, an invalid Electrical Installation Condition Report (EICR), or an Energy Performance Certificate (EPC) below an E rating can all block the sale. If the landlord can’t provide these, they may struggle to evict you legally. This is a practical gap many tenants don’t realise they can use as leverage. If you’re facing pressure to leave, it’s worth checking whether the landlord has all their compliance documents in order. A quick way to get clarity on your rights is to speak with a tenant and landlord lawyer who can review your specific situation.
Common Mistakes Tenants Make When a Landlord Sells
Moving Out Before a Court Order
The biggest mistake is leaving the property before a court has ordered possession. Under the new rules, a landlord cannot force you out simply by serving a notice. They must apply to the court for a possession order, and you have the right to stay until that order is granted. If you move out voluntarily, you lose any negotiating power you had. You might have been able to negotiate for compensation or extra time, but once you’re out, that leverage is gone. Always wait for a court order unless you have a written settlement agreement.
Accepting Ground 1A Without Checking the Evidence
Just because a landlord says they’re selling doesn’t mean they have a genuine intention to do so. The law requires them to prove it. You can ask for evidence: a signed estate agent instruction, a property listing on Rightmove or Zoopla, a draft sale contract, or correspondence with a conveyancer. If the landlord can’t provide any of this, the notice may be invalid. Don’t accept Ground 1A at face value. If you suspect the landlord is using it as a pretext to get you out for other reasons, you can challenge it.
Signing a “Deed of Surrender” Without Legal Advice
A landlord might ask you to sign a “deed of surrender” or “voluntary termination” to speed things up. This is a legally binding document that ends your tenancy. Once signed, you have no right to stay, and you lose any claim for compensation. Never sign one without getting independent legal advice first. If the landlord needs you out by a specific date to complete a sale, you may be able to negotiate a cash-for-keys agreement instead — where they pay you to leave voluntarily. That’s a different document and should be reviewed by a solicitor.
Ignoring the Compliance Paper Trail
Many tenants don’t realise that a landlord’s failure to comply with legal requirements can make an eviction impossible. If the landlord hasn’t protected your deposit within 30 days, hasn’t provided a valid EPC, or hasn’t carried out gas safety checks, they cannot use Ground 1A to evict you. The court will check these things. If you’re being pressured to leave, it’s worth reviewing your own records. Keep copies of your tenancy agreement, deposit protection certificate, and any safety certificates you’ve received. If something is missing, it could be your strongest defence.
How the Sale Process Actually Works for Tenants
When the Landlord Serves Notice
The process starts when the landlord serves you a Form 3 notice citing Ground 1A. This notice must give you at least 4 months to leave, and it can only be served after your tenancy has been running for 12 months. The notice must also include the landlord’s intention to sell. If the notice is missing any of these elements, it may be invalid. You should check the date carefully — the 4-month period runs from the date the notice is served, not from when you receive it. Keep a copy of the notice and note the date.
What Happens During the Notice Period
During the 4-month notice period, you have the right to stay and pay rent as usual. The landlord cannot change the locks or cut off services. They can, however, arrange viewings with potential buyers, but they must give you at least 24 hours’ notice and cannot be unreasonable about access. If the property is sold with you in situ, the tenancy transfers to the new owner. Your deposit must be transferred to the new landlord’s protection scheme, and rent is apportioned on the completion day. If the landlord wants vacant possession, they must apply to the court for a possession order after the 4-month notice period ends.
If the Landlord Applies to Court
If you don’t leave after the 4-month notice period, the landlord must apply to the court for a possession order. The court will check that the notice was valid and that the landlord has a genuine intention to sell. You can attend the hearing and present evidence if you believe the notice is invalid or the landlord is not genuinely selling. If the court grants the possession order, you will be given a date by which you must leave. If you still don’t leave, the landlord can apply for a warrant for eviction, which is carried out by bailiffs. This whole process can take several months, so you have time to find a new place.
The 2026 EPC Pressure and Future Changes
From 2030, the minimum EPC rating for rental properties is expected to rise to a C. A new EPC assessment system launches in 2026, and many landlords with older properties (like Victorian terraces currently rated D or E) face thousands of pounds in upgrade costs. This is already pushing some landlords to sell rather than upgrade. For tenants, this means you may see more properties coming to market, but also that the condition of the property could become a point of negotiation. If your landlord is selling because of EPC costs, you may have more leverage to negotiate a longer notice period or compensation.
Frequently Asked Questions
Can my landlord evict me just because they want to sell? ▾
What if my landlord hasn’t protected my deposit? ▾
Can the new landlord increase my rent immediately? ▾
What if the landlord sells but the buyer wants me to leave? ▾
How do I prove the landlord isn’t genuinely selling? ▾
Can I negotiate compensation for leaving early? ▾
Your Rights Are Stronger Than You Think
The end of Section 21 marks a real shift in the balance between tenants and landlords. For tenants, the key is not to assume you have to leave just because a landlord says they’re selling. You have a legal right to stay, to see evidence, and to challenge a notice that doesn’t hold up. The 4-month notice period, the 12-month tenancy requirement, and the heavy fines for misuse all give you room to negotiate or find a new place on your own terms. The most practical step you can take right now is to gather your documents — your tenancy agreement, deposit certificate, and any safety certificates — and keep a log of all communications with your landlord. If you’re unsure about a notice you’ve received, it’s worth getting a professional opinion from a tenant and landlord lawyer who can review the paperwork and advise on your options.
Remember: this article is general information only. For advice on your specific situation, speak to a qualified professional.
If this was useful, you might also want to read Navigating Lease Security Deposit Transfer When Renting.
Sources and Further Reading
Understanding Lease Agreement Terms for Renting an Apartment — A deeper look at the clauses in your tenancy agreement that affect your rights during a sale.
From Viewing to Victory: How to Snag Your Dream London Flat — Practical tips for finding a new rental if you need to move.
Commoner Law (2025). Ground 1A Sale of Property. 🔗
Landlord Studio (2025). Selling a Rental Property: Ground 1A and the Renters’ Rights Act. 🔗
Gorvins Residential (2025). Selling a Rental Property in 2026: How the New Renters’ Rights Bill Affects You. 🔗
The Tenants’ Voice (2025). Landlord Selling Property: What the Law Says. 🔗
