A landlord deciding to sell their rental property mid-tenancy can be unsettling for tenants. What are your rights regarding viewings, security, and potentially having to move out? The protections vary significantly depending on where you live in the UK due to different tenancy laws.
- England (AST):
- Viewings: Landlords generally need tenant consent for viewings, giving at least 24 hours' written notice. Tenants can refuse, but being cooperative is often advised. The tenancy agreement might contain a clause about viewings in the final period.
- Security: The tenancy continues under the new owner on the same terms until legally ended.
- Ending Tenancy: The new owner inherits the tenancy. To gain possession, they must follow standard AST procedures, typically issuing a Section 21 notice (if valid and currently still applicable) after any fixed term, or a Section 8 notice if grounds exist. The proposed abolition of S21 will change this landscape.
- Scotland (PRT):
- Viewings: Landlords need tenant consent with 48 hours' written notice. Tenants can refuse.
- Security: PRTs offer strong security. The tenancy automatically continues with the new owner.
- Ending Tenancy: The new owner cannot simply ask the tenant to leave. They must use one of the 18 legal grounds for eviction under PRT, such as wanting to live in the property themselves or undertaking major renovations (which requires substantial evidence and process). Selling the property with a sitting tenant is common.
- Wales (Occupation Contract):
- Viewings: Landlords need contract-holder consent with 24 hours' notice.
- Security: The Occupation Contract continues with the new owner.
- Ending Tenancy: The new owner must follow the rules under the Renting Homes (Wales) Act, typically involving specific notice periods (e.g., potentially 6 months' notice under the equivalent of Section 21, check current rules).
- Northern Ireland:
- Viewings: Usually requires tenant consent with reasonable notice as per the agreement.
- Security: Tenancy continues with the new owner.
- Ending Tenancy: New owner must serve a valid Notice to Quit according to the legal requirements and terms of the agreement.
Key Point: Your tenancy agreement doesn't just disappear when the property is sold. The new owner becomes your landlord under the existing terms. Your rights regarding notice periods and eviction procedures specific to your nation (England, Scotland, Wales, NI) remain. Legalmaster™ provides agreements compliant with each nation's laws. Call 0333 340 8984 for details.
