Renters' Rights Act 2026: Guide for Landlords Selling Up
No-fault evictions end on 1 May 2026. This guide explains what the Renters' Rights Act means for landlords who want to sell, including timelines, tenant rights, and practical steps.
What you need to know
The Renters' Rights Act 2025 abolishes Section 21 no-fault evictions from 1 May 2026, ends fixed-term tenancies, limits rent increases to once per year, and introduces a Landlord Ombudsman and PRS Database. For landlords who want to sell, the new law changes the process significantly. You can still gain possession using the reformed Section 8 'intention to sell' ground, but the notice period is four months and the overall process takes six to nine months. Selling with tenants in situ remains an option and avoids the possession process entirely.
- Section 21 no-fault evictions are abolished from 1 May 2026 — landlords must use reformed Section 8 grounds to regain possession.
- A specific Section 8 ground for ‘intention to sell’ requires four months’ notice and genuine intent to market the property.
- All landlords must provide a Landlord Information Sheet to tenants by 31 May 2026 and register on the PRS Database when it launches in late 2026.
- Fixed-term tenancies end on 1 May 2026 — all tenancies become periodic, and tenants can leave with two months’ notice at any time.
- Selling with tenants in situ avoids the possession process but may reduce the sale price compared to vacant possession.
Pine handles the legal prep so you don't have to.
Check your sale readinessThe Renters' Rights Act 2025 is the most significant change to private renting law in England for over thirty years. It abolishes no-fault evictions, ends fixed-term tenancies, and introduces new protections for tenants that fundamentally change the landlord-tenant relationship. For landlords who are considering selling their rental property, the new law raises important questions about timing, process, and cost.
This guide explains the key changes, the timeline for implementation, and what landlords who want to sell need to know. It covers England only — Scotland, Wales, and Northern Ireland have their own tenancy regimes. For a broader look at selling a tenanted property, see our guide on selling with sitting tenants.
Timeline of key changes
The Renters' Rights Act received Royal Assent in late 2025. The changes are being implemented in phases:
| Date | Change |
|---|---|
| 1 May 2026 | Section 21 abolished — no-fault evictions end. All existing fixed-term ASTs convert to periodic tenancies. Reformed Section 8 grounds take effect. |
| 31 May 2026 | Deadline for landlords to provide the Landlord Information Sheet to all existing tenants. |
| Late 2026 (date TBC) | PRS Database and Landlord Ombudsman scheme launch. Registration becomes mandatory. |
| 2027 onwards | Awaab's Law (maximum response times for hazards) extended to private rented sector. Decent Homes Standard applied to private rentals. |
If you are a landlord considering selling, the most critical date is 1 May 2026. After this date, you can no longer use a Section 21 notice to gain vacant possession. Any Section 21 notices you serve before that date must have been acted upon (court application made) before the abolition takes effect.
End of no-fault evictions: what it means
Under the current system, a landlord can end an assured shorthold tenancy by serving a Section 21 notice giving two months' notice. No reason is required — hence "no-fault." This has been the primary tool landlords use to regain possession when they want to sell.
From 1 May 2026, Section 21 is abolished entirely. The only route to gain possession is through Section 8 of the Housing Act 1988, which requires the landlord to specify a ground (a legal reason) for seeking possession. The grounds have been reformed under the Renters' Rights Act to include:
- Ground 1A — Intention to sell. The landlord intends to sell the property on the open market within a reasonable period after obtaining vacant possession. This is the key ground for landlords who want to sell. Notice period: four months. Cannot be used within the first twelve months of a new tenancy.
- Ground 1 — Landlord or family wishes to move in. The landlord (or a close family member) intends to occupy the property as their only or principal home. Notice period: four months. Cannot be used within the first twelve months.
- Ground 6 — Major works. The landlord intends to carry out substantial redevelopment or refurbishment that cannot reasonably be done with the tenant in situ. Notice period: four months.
- Grounds 8, 10, 11 — Rent arrears. These grounds remain available for serious and persistent rent arrears. Ground 8 (mandatory possession) requires at least two months' arrears at both the date of the notice and the date of the hearing.
- Ground 12 — Breach of tenancy. The tenant has breached a term of the tenancy agreement other than rent.
- Ground 14 — Anti-social behaviour. The tenant or a person visiting the property has caused nuisance or annoyance to neighbours.
For landlords wanting to sell, Ground 1A is the relevant ground. It requires genuine intent — if you use it but then do not sell (for example, you re-let the property), you can be fined up to £30,000 and the former tenant may be entitled to compensation.
Selling with vacant possession under the new rules
If you want to sell with vacant possession (no tenant in the property), here is the typical process under the reformed system:
Step 1: Check your eligibility
You can only use Ground 1A if the tenancy has been running for at least twelve months. If you let the property less than twelve months ago, you must wait until the twelve-month point before serving notice. You must also be registered on the PRS Database (once it launches) and have provided the Landlord Information Sheet to your tenant.
Step 2: Serve a Section 8 notice
Serve a Section 8 notice specifying Ground 1A, giving four months' notice. The notice must be in the prescribed form and served correctly — errors in the notice can invalidate it, adding months to the process. It is strongly advisable to use a solicitor experienced in landlord and tenant law to prepare and serve the notice.
Step 3: Wait for the notice period to expire
During the four-month notice period, the tenant remains in the property and continues to pay rent. You cannot pressure the tenant to leave early — doing so could constitute harassment or illegal eviction, both criminal offences under the Protection from Eviction Act 1977.
Step 4: Apply to the court (if the tenant does not leave)
If the tenant does not vacate at the end of the notice period, you must apply to the county court for a possession order. Court waiting times vary significantly by region but typically add two to four months. The court will check that you have complied with all requirements and that Ground 1A is established.
Step 5: Enforcement (if needed)
If the tenant does not leave after the court grants a possession order, you must apply for a warrant of possession and instruct county court bailiffs. This adds a further four to eight weeks. You cannot change the locks or remove the tenant yourself — that would be an illegal eviction.
Total timeline
From serving the Section 8 notice to gaining vacant possession, the realistic timeline is six to nine months if the tenant does not leave voluntarily. If the tenant cooperates and vacates at the end of the four-month notice period, you can be ready to sell within five months (including time to prepare the property for market).
Selling with tenants in situ
An alternative to the possession process is to sell the property with the tenant still in place. The tenancy transfers to the new owner, who becomes the landlord and inherits all obligations under the tenancy agreement.
The advantages of selling with tenants in situ include:
- No need to go through the possession process — saving six to nine months and £1,500 to £4,000 in legal costs
- Continued rental income until completion — no void period while the property is empty and on the market
- Appeal to investor buyers who want a property with a tenant already in place and paying rent
The disadvantages include:
- Reduced sale price compared to vacant possession — typically 10–25% less, depending on the tenant's rent level, tenancy terms, and the buyer profile in your area
- Smaller pool of potential buyers — owner-occupiers and developers are unlikely to be interested
- Practical challenges with viewings — you need the tenant's cooperation for access, and the property may not show as well as it would empty and staged
For a detailed look at the process, pricing implications, and legal considerations, see our guide on selling with sitting tenants.
Tenant rights during the sale process
Whether you are selling with vacant possession or with tenants in situ, your tenants have specific rights during the sale process that you must respect:
- Right to quiet enjoyment. Tenants have a legal right to live in the property without unreasonable interference. You cannot carry out excessive viewings, allow buyers or agents to visit without reasonable notice, or pressure the tenant to cooperate with the sale.
- Reasonable notice for viewings. You must give at least 24 hours' written notice before entering the property for viewings, and the tenant can refuse access at unreasonable times. It is good practice to agree a viewing schedule with the tenant and keep viewings to a minimum.
- Right to remain until lawfully evicted. Even after you have served a Section 8 notice, the tenant has the right to remain until a court grants a possession order and the order is enforced. You cannot change the locks, cut off utilities, or take any action that forces the tenant out — this is illegal eviction under the Protection from Eviction Act 1977.
- Right to information. Under the Renters' Rights Act, tenants have the right to know who their landlord is, to receive the Landlord Information Sheet, and to be told about any changes that affect their tenancy, including a change of ownership.
- Deposit protection. If you hold a tenancy deposit, it must remain protected in a government-approved scheme throughout the sale process. The deposit transfers to the new owner on completion, and you must notify the deposit scheme and the tenant of the transfer.
The Landlord Information Sheet: what you need to do
All private landlords in England must provide a Landlord Information Sheet to every tenant by 31 May 2026. The Sheet is a standardised government document that you must provide without modification. It covers:
- The tenant's rights under the Renters' Rights Act
- How to make a complaint about the landlord or the property
- The role and contact details of the Landlord Ombudsman
- Where to get further advice and support
If you fail to provide the Information Sheet, you may not be able to serve a valid possession notice, and your local authority can issue a civil penalty. The government will publish the template in early 2026 — keep an eye on GOV.UK for the final version.
PRS Database and Landlord Ombudsman
Two new institutions are being created under the Act:
Private Rented Sector (PRS) Database
The PRS Database is a national register of all private landlords and their rental properties. It will hold details of compliance certificates (gas safety, electrical safety, EPC), enforcement history, and property conditions. Registration will be mandatory, and landlords who are not registered will be unable to serve possession notices. The database is expected to launch in late 2026, with a transition period for existing landlords to register.
Landlord Ombudsman
The Landlord Ombudsman is an independent complaints body that will investigate disputes between private tenants and their landlords. All landlords must join the Ombudsman scheme — failure to do so is a criminal offence. The Ombudsman can order landlords to apologise, carry out repairs, or pay compensation of up to £25,000. It is designed to provide a faster and cheaper alternative to the courts for resolving tenancy disputes.
If you are selling, you still need to be compliant with both the database and the Ombudsman until the sale completes. Do not assume that because you are selling you can ignore these requirements.
Practical steps for landlords who want to sell
If you have decided to sell your rental property, here are the practical steps to follow under the new regime:
- Decide: vacant possession or tenants in situ? This is the most important decision and drives everything else. Vacant possession typically achieves a higher sale price but involves a longer timeline and legal costs. Selling with tenants in situ is faster but may reduce the price by 10–25%.
- Check compliance. Before serving any notice, make sure you are fully compliant: valid gas safety certificate, electrical safety certificate, EPC, deposit protection, and (once launched) PRS Database registration. Non-compliance can invalidate your possession notice.
- Provide the Landlord Information Sheet. Ensure you have provided the Sheet to your tenant by the deadline. Keep proof of delivery.
- Serve notice correctly. If seeking vacant possession, serve a Section 8 notice specifying Ground 1A (or the relevant ground). Use the prescribed form and serve it correctly — a solicitor specialising in landlord and tenant law is strongly recommended.
- Communicate with your tenant. A cooperative tenant makes the process much smoother. Be honest about your plans, give them as much notice as possible, and offer to provide a reference for their next tenancy. Some landlords offer a financial incentive ("cash for keys") for the tenant to leave promptly, which can be cheaper than court proceedings.
- Instruct your solicitor early. Whether you are selling with or without tenants, prepare your legal paperwork early. Pine can help you complete your TA6 and TA10 property information forms and order property searches before you list, reducing delays once you find a buyer.
- Factor in the timeline. If you need vacant possession, allow at least six months from serving notice. If selling with tenants in situ, you can market immediately. Build the timeline into your planning, especially if you are buying another property simultaneously.
Financial considerations
Selling a rental property involves several costs beyond the standard selling expenses. Landlords should budget for:
| Cost | Typical range |
|---|---|
| Section 8 notice preparation and service (solicitor) | £300 to £800 |
| Court application for possession order (if needed) | £355 court fee plus £1,000 to £3,000 solicitor costs |
| Bailiff enforcement (if needed) | £130 to £400 |
| Void period (no rental income while empty) | Varies — typically one to three months |
| Property preparation for sale (cleaning, repairs, staging) | £500 to £5,000 |
| Capital gains tax on the sale | 18% or 24% on the gain (see CGT guide) |
Compare these costs against the difference between the vacant possession value and the tenanted value. In some cases, particularly where the tenant is cooperative and pays a market rent, selling with tenants in situ may be the better financial outcome once you account for legal costs, void periods, and the time value of money.
How Pine can help
Whether you are selling with vacant possession or with tenants in situ, preparing your legal paperwork early can shave weeks off the conveyancing process. Pine helps landlords complete their TA6 and TA10 property information forms with guided AI support, and orders property searches at near-trade prices. By getting sale-ready before you list, you reduce the risk of delays that are especially costly when you are paying a mortgage on an empty property with no rental income.
Sources
- Renters' Rights Act 2025 — legislation.gov.uk
- Department for Levelling Up, Housing and Communities — A Fairer Private Rented Sector (White Paper) — gov.uk
- Housing Act 1988 (as amended) — legislation.gov.uk
- Protection from Eviction Act 1977 — legislation.gov.uk
- Shelter — Guidance for tenants on the Renters' Rights Act — shelter.org.uk
- National Residential Landlords Association (NRLA) — Renters' Rights Act guidance — nrla.org.uk
- HM Courts & Tribunals Service — Possession claims guidance — gov.uk
- Citizens Advice — Eviction rights for private tenants — citizensadvice.org.uk
Related guides
- Selling with Sitting Tenants
- Capital Gains Tax When Selling a Second Home
- How Much Does It Cost to Sell a House in 2026?
Frequently asked questions
When do no-fault evictions (Section 21) end?
Section 21 ‘no-fault’ evictions are abolished from 1 May 2026 under the Renters’ Rights Act 2025. From that date, landlords can no longer serve a Section 21 notice to end a tenancy without giving a reason. Any Section 21 notices already served before 1 May 2026 remain valid if the notice period has not expired and the landlord has applied to the court before the abolition date. After 1 May 2026, the only route to regain possession is through the reformed Section 8 grounds, which require the landlord to demonstrate a specific reason such as wanting to sell or move back in.
Can I still evict my tenant if I want to sell the property?
Yes. The Renters’ Rights Act introduces a reformed Section 8 ground specifically for landlords who intend to sell. You must demonstrate a genuine intention to market and sell the property within a reasonable period after obtaining possession. The notice period for this ground is four months, and you cannot use it within the first twelve months of a new tenancy. If a tribunal finds that you served the notice without a genuine intention to sell (for example, if you re-let the property shortly afterwards), you could face a fine of up to £30,000.
What is the new Landlord Information Sheet and when must I provide it?
The Landlord Information Sheet is a standardised document that all private landlords in England must provide to their tenants by 31 May 2026. It sets out the tenant’s rights under the Renters’ Rights Act, how to make complaints, the role of the Landlord Ombudsman, and where to find further advice. The government will publish a template that landlords must use without modification. Failure to provide the Information Sheet may result in restrictions on your ability to serve possession notices and could lead to a penalty from the local authority.
Do I have to join the Private Rented Sector (PRS) Database?
Yes. All private landlords in England will be required to register on the Private Rented Sector Database, which is expected to launch in late 2026. The database will hold details of each landlord, their rental properties, compliance certificates (gas safety, electrical safety, EPC), and any enforcement action taken against them. Registration is a prerequisite for serving possession notices under the reformed system — if you are not registered, you cannot legally begin the eviction process. There will be a fee for registration, though the exact amount has not yet been confirmed.
What happens to fixed-term tenancies under the new law?
Fixed-term tenancies are abolished from 1 May 2026. All existing fixed-term assured shorthold tenancies (ASTs) automatically convert to periodic tenancies on that date. New tenancies granted after 1 May 2026 must be periodic from the outset — landlords cannot offer a fixed term. This means tenants can give two months’ notice to leave at any time, and landlords can only end the tenancy using the reformed Section 8 grounds with the relevant notice period. Any contractual clause purporting to create a fixed term after 1 May 2026 is void.
Can I increase the rent under the Renters’ Rights Act?
Yes, but rent increases are limited to once per year and must follow the formal Section 13 notice process. You serve a Section 13 notice giving at least two months’ warning of the new rent. If the tenant considers the proposed increase to be above the market rate, they can refer it to the First-tier Tribunal (Property Chamber), which will determine the open market rent. You cannot use rent increases as a tool to force a tenant out — the tribunal will assess what a willing tenant would pay in the open market, and its determination is binding.
What is the Landlord Ombudsman?
The Landlord Ombudsman is a new independent body that will handle complaints from private tenants about their landlords. All private landlords in England will be required to join the Ombudsman scheme, which is expected to launch in late 2026. The Ombudsman will be able to investigate complaints about property conditions, repairs, deposit handling, and landlord behaviour. It can order landlords to apologise, carry out repairs, or pay compensation of up to £25,000. Membership of the Ombudsman scheme will be a legal requirement, and failure to join will be a criminal offence.
Can I sell a rental property with tenants still living in it?
Yes. You can sell a property with tenants in situ at any time. The tenancy transfers to the new owner, who becomes the landlord and inherits all the obligations under the tenancy agreement. Selling with tenants in place is common and avoids the need to go through the possession process. However, the property may sell for less than vacant possession value because the buyer’s options are limited — they cannot move in immediately and must honour the existing tenancy. For a detailed guide, see Pine’s guide to selling with sitting tenants.
How long does the eviction process take under the new rules?
Under the reformed system, the minimum timeline from serving a Section 8 notice to obtaining possession is approximately six to nine months. This includes the four-month notice period for the ‘intention to sell’ ground, followed by court proceedings if the tenant does not leave voluntarily. Court waiting times vary by region but typically add two to four months. If the tenant contests the possession claim, or if enforcement action (bailiffs) is needed, the process can take significantly longer. Plan for a minimum of six months and budget for legal costs of £1,500 to £4,000.
What penalties do landlords face for non-compliance?
The Renters’ Rights Act introduces significantly higher penalties for non-compliant landlords. Local authorities can issue civil penalties of up to £7,000 for a first offence and up to £30,000 for repeat offences or serious breaches. Criminal prosecution remains available for the most serious cases. Specific offences include serving an invalid eviction notice, failing to provide the Landlord Information Sheet, not registering on the PRS Database, illegal eviction, and harassment. Rent Repayment Orders (where tenants can reclaim up to twelve months’ rent) also remain available for certain offences.
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