For private assured tenancies in England. The law and court timings can change, so take a solicitor's advice before you serve any notice.
Your two routes
Since 1 May 2026, section 21 "no fault" notices have gone. If you want to sell, you either sell with your tenant staying, or you ask them to leave using the new possession ground for selling (ground 1A) and sell empty.
| Question | Sell with the tenant in place | Sell empty using ground 1A |
|---|---|---|
| Who buys | Usually another landlord or investor, who values the rent from day one and no empty months. | Any buyer, including people who want to live there. |
| Notice to the tenant | None. The buyer takes over the tenancy. | At least four months, served on the section 8 form. |
| When you can start | Any time. | The date in the notice must be after your tenant has been in the home for 12 months (GOV.UK). You can serve notice earlier, but it can't end before then. |
| Getting possession | Not needed. | The ground is mandatory, but if the tenant stays you still need a court order, and court waits vary. |
| Afterwards | Nothing. | You must not let or market the home for letting from the day you serve notice until 12 months after the notice ends. |
| Price | Fewer buyers, so often a lower price than empty. | The widest market, but rent stops while you wait. |
Use ground 1A only if you really mean to sell. Keep evidence: valuations, the agent's instruction, adverts and solicitor letters. Misusing it can bring a council penalty of up to £7,000, or a fine or penalty of up to £40,000, and the tenant can claim up to two years' rent back.
A court can't order possession on ground 1A if a deposit for a tenancy that began on or after 1 May 2026 wasn't protected or returned. Check yours before you start.
Checklist before you go to market
- Tenancy start date, rent, rent day, and the date of the last rent increase.
- Deposit: which scheme, and the certificate. On a sale with the tenant in place it moves to the buyer, so tell the scheme.
- Current gas safety record, electrical report (EICR), EPC, and alarm checks.
- Proof the tenant was given the How to Rent guide and the right documents when the tenancy began, if you have them.
- Any repairs outstanding. Fix them first: a clean file is worth money to an investor buyer.
- Rent record for the last 12 months. A tenant who pays on time is a selling point.
- A word with your tenant before anything is listed. Viewings go better when they hear it from you first.
- Your agent's advert must not promise vacant possession. "Tenant in place" or "notice served" is accurate; "vacant possession guaranteed" is not.
If the rent is below the market
Investors price a rented home on its rent. If yours is low, a proper increase before you sell can lift the price, but it takes at least two months' notice on form 4A and can only happen once a year. Our guide to raising the rent walks you through it.
How SYND can help
SYND is a lettings agent, not a sales agent. We can put you in touch with a sales agent in your part of Essex who handles rented homes, and we can offer to keep managing the home for the buyer so the tenant notices no change. Call Stephen on 07456 536501.
SYND receives no payment for introducing you to a sales agent. If that ever changes, we will tell you in writing before we introduce you.
SYND Properties is a trading name of SYND LTD (company no. 14617841), a member of Property Redress (no. PRS044043). Private assured tenancies in England. Checked against GOV.UK, Shelter's legal guidance and Propertymark on 7 October 2026. General guidance, not legal advice.