From 1 May 2026, Section 21 no-fault evictions ended for private rented sector tenancies in England. For tenants, this is an important change. It means your landlord cannot simply ask you to leave without a legal reason. If your landlord wants to sell the property, there is now a specific legal route they must follow.
The short answer is this: your landlord can still sell the property, but you do not have to leave immediately just because they are selling.
This guide explains what the end of Section 21 means if your landlord wants to sell, what notice you should receive, what happens with viewings, and what to do if you are worried.
What was Section 21?
Section 21 used to allow many landlords to ask tenants to leave without giving a reason. This was often called a “no-fault eviction”.
Now Section 21 has ended, landlords must use a valid legal ground if they want to end a tenancy. If the tenant does not leave after the notice period, the landlord must usually go to court and prove the ground applies.
This gives tenants more clarity and more time to plan, especially where the landlord wants to sell.
Does my landlord selling mean I have to move out?
Not straight away.
Your landlord has two main options:
- Sell the property while you still live there
- Use the legal eviction process if they need vacant possession
Shelter confirms that tenants do not have to leave straight away just because a landlord is selling. The landlord can either sell with the tenant in place, or take the proper legal steps to recover possession.
An email, text message, phone call or conversation saying “we are selling, so you need to move out” is not the same as a legal notice.
What is Ground 1A?
Ground 1A is the possession ground a landlord can use if they intend to sell the property.
If your landlord wants you to leave because they plan to sell, they must normally serve a Section 8 notice using the correct ground. Ground 1A is the ground for sale of the property.
Your landlord must give you 4 months’ notice before they can apply to the court for a possession order. They also cannot ask you to leave for this reason within the first 12 months of a new tenancy.
Can my landlord evict me in the first year because they want to sell?
In most cases, no.
The Renters’ Rights Act gives tenants a 12-month protected period at the start of a tenancy. During that period, landlords cannot evict tenants using the moving-in or selling grounds. When using these grounds, landlords must give 4 months’ notice.
A landlord may be able to serve notice during the first 12 months, but the notice cannot expire before the 12 months have ended.
What happens after the notice period ends?
If you leave by agreement at the end of the notice period, the tenancy can come to an end.
If you do not leave, your landlord cannot remove you themselves. They must apply to court for a possession order. If the court grants an order and you still do not leave, the landlord must then apply for bailiffs. Shelter explains that tenants can stay until the legal process reaches the bailiff stage.
This does not mean you should ignore notices. It means you should understand the process, check whether the notice is valid, and get advice early if you are unsure.
What does the landlord have to prove?
If your landlord uses Ground 1A, they must be able to show that they genuinely intend to sell.
The Government says that, where a tenant does not leave after notice, the landlord will need evidence in court to prove the relevant ground applies. For example, a landlord might show they have instructed an estate agent and solicitor if they want to prove they are selling.
Shelter also says a tenant may be able to challenge the eviction if they have evidence that the landlord does not really plan to sell, such as messages showing a different intention or evidence that the property is being advertised for new tenants.
Can my landlord sell the property with me still living there?
Yes.
A landlord can sell a property with the tenant still living there. This is often called selling with a tenant in situ.
If this happens, your tenancy does not automatically end. The new owner becomes your landlord, and your tenancy continues unless the new owner takes the correct legal steps to end it.
You should ask for the new landlord’s details in writing. Shelter says the new landlord should tell you their name and address, and the date they became the legal owner of the property.
Do I have to sign a new tenancy agreement after the sale?
Not automatically.
If the property is sold while you are living there, your tenancy usually continues on the same terms. Shelter says you do not have to sign a new tenancy agreement unless you want to. If you do sign a new contract, it replaces the old one, so you should check it carefully first.
This is important because a new agreement could change rent, responsibilities or other terms.
Do I have to allow viewings?
Your landlord or estate agent may ask for access for viewings, surveys or valuations.
You should check your tenancy agreement. Shelter says you do not have to allow access for sale-related visits unless your tenancy agreement says you should. You can also say if certain times or days are not convenient.
Your landlord or agent should not pressure, threaten or harass you into allowing access or moving out. If that happens, you can ask your council for help.
A sensible approach is to agree reasonable viewing times in writing where possible. This keeps communication clear and avoids unnecessary stress.
Can the landlord or agent enter without permission?
Your home is still your home.
Shelter says a landlord or letting agent should not come into your home without telling you they are coming and asking if it is okay to visit. Even if they have a key, they should not enter without permission.
For repairs and inspections, landlords must give at least 24 hours’ notice in writing and attend at a reasonable time of day.
What about repairs while the property is being sold?
Repairs still matter.
A landlord selling the property does not remove their repairing responsibilities. If the property is sold while you are still living there, the new landlord becomes responsible for repairs from the point the home is sold, even if the issue started under the old landlord.
If you are an ABC Gone tenant and need to report a maintenance issue, use the maintenance request route provided by ABC Gone.
What happens to my deposit if the property is sold?
Your deposit should remain protected.
If your landlord changes because the property is sold, the new landlord must make sure your deposit stays protected in a tenancy deposit scheme and should send you details about the scheme.
Keep copies of your original deposit information, prescribed information, tenancy agreement and any updated details from the new landlord.
Can my landlord offer me money to leave?
Yes, a landlord may offer money for you to leave voluntarily. This is sometimes called a surrender payment or a mutual agreement.
You do not have to accept. Before agreeing, make sure you have somewhere suitable to move to, understand the payment terms, and get everything in writing. Shelter advises tenants to make sure they have a new home to move to if they decide to accept money to leave.
Do not feel rushed into signing anything you do not understand.
What should I do if my landlord says they are selling?
Start by staying calm and getting everything in writing.
Ask the landlord or agent:
- Are they selling with you in place, or asking you to leave?
- If they want you to leave, what legal notice are they serving?
- What date does the notice expire?
- Are they relying on Ground 1A?
- Who should you contact about viewings?
- What will happen to your deposit?
- Who will be responsible for repairs during the sale?
Keep copies of all emails, messages, letters, notices and viewing requests.
Quick tenant checklist
If your landlord says they want to sell, check:
- Have you received a formal Section 8 notice?
- Does the notice mention Ground 1A?
- Have you been given at least 4 months’ notice?
- Are you still within the first 12 months of your tenancy?
- Is the landlord genuinely selling?
- Are you being pressured to leave without proper notice?
- Have you agreed viewing times in writing?
- Has your deposit protection information been updated?
- Do you know who to contact for repairs?
- Have you taken advice if you are unsure?
FAQs
Yes. Your landlord can still sell. The key point is that selling does not automatically end your tenancy.
No. A landlord telling you to leave is not the same as a legal notice. If they want to evict you because they plan to sell, they normally need to serve a valid Section 8 notice using the correct ground.
For Ground 1A, your landlord must give 4 months’ notice before applying to court for a possession order.
You can stay after the notice expires, but your landlord may then apply to court. You should get advice as early as possible if you receive a notice.
Yes. If the property is sold while you still live there, your tenancy continues and the new owner becomes your landlord.
Check your tenancy agreement. You do not have to allow sale-related access unless your agreement says you should. You can also ask for times that work for you.
Rent increases must follow the correct process. Under the new system, private rented sector rent increases are made through the Section 13 process, and tenants can challenge increases they believe are above market rent at the First-tier Tribunal.
Under the new system, a tenant can end a tenancy by giving 2 months’ notice, with the end date aligned to the end of a rent period.
Need help understanding what happens next?
If your landlord is selling, the most important thing is to understand whether they are selling with you in place or asking you to leave.
If you are an ABC Gone tenant and have received a notice, viewing request or message about a sale, contact the team so we can point you to the right next step. This article is general guidance, not legal advice.
Phone: 02085 530645
Email: info@abcgone.com
Address: 33 Station Road, Harold Wood, Romford RM3 0BS
