For landlords in the UK, the legal landscape is shifting faster than ever before. If you own a buy-to-let property in Stockport or Greater Manchester, you have likely been following the progress of the Renters’ Rights Bill.
With the Bill expected to be fully implemented in Spring 2026, many landlords are now facing a critical decision: stick with the new system or sell up while the current rules still apply.
At Gorvins Residential, we are seeing an increase in enquiries from landlords who want to exit the market but are unsure of the legal process. Selling a tenanted property is far more complex than selling your own home. It requires a delicate balance of property law, contract law, and strict adherence to eviction protocols.
Here is our solicitor’s guide to selling your rental property in the changing market of 2026.
The End of Section 21: Why Timing Matters
The headline change of the Renters’ Rights Bill is the abolition of Section 21, often called the “no-fault eviction.”
Currently, if you want to sell your rental property with “vacant possession” (meaning an empty house, which is much more attractive to buyers), you can serve a Section 21 notice to ask your tenants to leave without giving a specific reason.
From Spring 2026 (projected), this option will disappear.
Under the new rules, you will only be able to end a tenancy using Section 8 grounds. While there will be a specific ground for “selling the property,” it will come with stricter evidence requirements and potentially longer notice periods.
What this means for you: If you are planning to sell your investment property to a regular homebuyer (who wants to move in themselves), you may find the process smoother if you act before the new legislation takes full effect. Once the ban is in place, gaining vacant possession could become a longer, more litigious process involving court hearings if tenants refuse to leave.
Selling with “Tenants in Situ”: The Alternative Route
You don’t have to evict your tenants to sell. In fact, selling with “tenants in situ” can be a smart move, especially in the strong North West rental market.
This involves selling the property to another landlord with the tenancy agreement still in place.
- Pros: You receive rent right up until completion day. You avoid the costs of void periods and redecorating.
- Cons: You limit your market to investors only (excluding first-time buyers).
However, this requires specialist conveyancing. Your solicitor must ensure:
- The Tenancy Transfer: The tenancy agreement is legally assigned to the new buyer.
- Deposit Protection: The tenant’s deposit is correctly transferred to the new landlord’s protection scheme (failure to do this can result in heavy fines).
- Apportionment: Rent is correctly split on completion day (e.g., if the tenant paid on the 1st and you sell on the 15th, you owe the buyer half that month’s rent).
Compliance Checks: The “Paper Trail” Trap
Whether you sell with vacant possession or tenants in situ, a solicitor’s first job is to audit your compliance.
We often see sales fall through because a landlord cannot prove they served the right paperwork years ago. To sell a rental property in 2026, you must be able to provide the buyer’s solicitor with:
- Gas Safety Certificates: A complete history, not just the current one.
- EICR: A valid Electrical Installation Condition Report.
- EPC: A valid Energy Performance Certificate (rated E or above).
- Right to Rent: Proof you checked the tenant’s immigration status.
- Deposit Prescribed Information: Proof the deposit was protected within 30 days of receipt.
If you missed any of these steps, serving a valid eviction notice to sell the property can become legally impossible. As solicitors, we can help you identify these “compliance gaps” early and fix them before they derail your sale.
Capital Gains Tax (CGT): The Financial Hit
Selling a rental property almost always triggers a Capital Gains Tax bill. Unlike selling your main home, you will pay tax on the increase in value of the property.
In the Autumn Budget, rates for Capital Gains Tax were a key topic of discussion. While we are conveyancers, not tax advisors, we work closely with your accountant to ensure the sale is timed correctly to manage your liability.
Crucially, you must report and pay CGT on UK property within 60 days of completion. This is a tight deadline. We ensure your completion statement provides all the necessary figures promptly so you don’t face penalties from HMRC.
Energy Efficiency: The 2026 EPC Pressure
Another factor driving the “landlord exodus” is the upcoming change to energy efficiency rules.
Proposals are set to raise the minimum EPC rating for rental properties to a ‘C’ grade by 2030. However, the new EPC assessment system is expected to launch in 2026.
If your property is an older Victorian terrace in Stockport with a ‘D’ or ‘E’ rating, you may face a bill of thousands to upgrade it (insulation, heat pumps, new windows) just to keep letting it out legally.
For many landlords, 2026 is the “crunch point” where they decide that selling the property is more financially viable than paying for these upgrades. If you are selling an older property, be prepared for buyers to scrutinise the EPC rating heavily—they will be factoring these future renovation costs into their offer.
Why You Need a Specialist Solicitor
Selling a buy-to-let is not a standard transaction. It involves three parties (You, the Buyer, and the Tenant), and one wrong move can lead to claims for harassment or illegal eviction.
You need a solicitor who understands both Conveyancing and Landlord & Tenant Law.
At Gorvins Residential, we can guide you through:
- Drafting correct Section 8 or Section 21 notices (while they last).
- Managing the delicate communication with tenants to allow viewings.
- Ensuring your compliance “paper trail” is bulletproof for the buyer’s solicitor.
Conclusion: A Window of Opportunity
2026 will bring the biggest changes to the private rented sector in a generation. Whether you decide to upgrade your portfolio or exit the market, the key is to act with a clear strategy.
If you are considering selling a rental property, don’t wait until the legislation changes. Contact our specialist team today to review your options and ensure your paperwork is ready for a smooth sale.
