Selling a Rental Property After the Renters' Rights Act: A 2026 Landlord Guide

For landlords in Stockport and Greater Manchester, the biggest change to the private rented sector in a generation is no longer on the horizon. It has happened.

The Renters’ Rights Act 2025 received Royal Assent in autumn 2025 and its core tenancy reforms took effect on 1 May 2026. Every assured shorthold tenancy in England converted to a rolling periodic tenancy on that date, and Section 21 “no-fault” evictions were abolished.

At Gorvins Residential we have seen a steady rise in enquiries from landlords who want to sell but are unsure what the new rules mean for them. The good news is that you can still sell a rental property. What has changed is how you get to vacant possession, how long it takes, and how much documentation the buyer’s solicitor will now expect.

Here is our solicitors’ guide to selling a rental property under the new rules.

Section 21 Has Gone: How Do You Get Vacant Possession Now?

Before 1 May 2026, a landlord who wanted to sell an empty property simply served a Section 21 notice giving two months’ notice, with no reason required. That route no longer exists. Serving a purported Section 21 notice on or after 1 May 2026 is itself a breach of the Act and can attract a civil penalty of up to £7,000.

If you want to sell with vacant possession, you now need to use Section 8 and rely on the new Ground 1A (sale of the property). Ground 1A is a mandatory ground, meaning a court must grant possession if the requirements are met, but those requirements are stricter than anything landlords are used to:

• Four months’ notice. The minimum notice period under Ground 1A is four months, double the old Section 21 period.
• A 12-month protected period. The notice cannot expire within the first 12 months of the tenancy. In practice the earliest you can serve is around month eight. For tenancies that converted on 1 May 2026, take advice on when your 12 months runs from, as the position depends on when the tenancy began.
• Evidence of genuine intention to sell. You must be able to show the court you actually intend to sell. An estate agent’s instruction, a marketing agreement or a letter of instruction to your conveyancing solicitor are the kind of evidence expected.
• A re-letting ban. Once you have used Ground 1A, you cannot re-let or re-market the property for letting for a restricted period, generally 12 months from the possession date. Councils can impose substantial fines if you do.

What this means in practice: if you serve a Ground 1A notice today, you should plan for a realistic vacant-possession date at least four to six months away, longer if the tenant does not leave and a court order is required. Timing your sale now needs to start with the tenancy, not the estate agent. If you are also selling your own home in a chain, read our guide to what you need to know about property chains before you commit to dates.

Selling with Tenants in Situ: The Alternative Route

You do not have to regain possession to sell. For many landlords, selling with the tenant in place has become the faster and more certain route. Investors in the North West remain active, and a well-documented tenanted property can complete in a normal conveyancing timescale without any possession process at all.

• Pros: you receive rent right up to completion day, you avoid void periods and redecoration costs, and you avoid the Ground 1A timeline entirely.
• Cons: your market is limited to investors, which usually means a lower price than a vacant sale to an owner-occupier.

This does, however, require specialist conveyancing. The buyer’s solicitor will now scrutinise the tenancy far more closely than they did before May 2026. Your solicitor must ensure:

1. The tenancy passes cleanly. The buyer inherits the periodic tenancy on its existing terms, including the current rent. Rent can now only be increased once a year using a Section 13 notice, so the buyer will want to know when the last increase took effect.
2. The deposit is transferred correctly. The tenant’s deposit must move to the new landlord’s protection scheme with fresh prescribed information. Getting this wrong exposes the buyer to penalty claims, so expect them to insist on proof.
3. The Information Sheet was served. Landlords were required to serve the prescribed tenant information sheet on existing tenants by 31 May 2026. Buyers are asking for a copy.
4. Rent is apportioned on completion. If rent was paid on the 1st and you complete on the 15th, the buyer is credited with the balance of the month on the completion statement.

If you are considering this route, our guide to buying a property with a tenant in situ shows you what the buyer’s side will be looking for.

Compliance Checks: The Paper Trail Trap

Whether you sell with vacant possession or with tenants in situ, a solicitor’s first job is to audit your compliance.

We often see sales stall because a landlord cannot prove they served the right paperwork years ago. To sell a rental property in 2026, you should be able to provide the buyer’s solicitor with:

• Gas Safety Certificates: the 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.
• Renters’ Rights Act Information Sheet: proof it was served on the tenant by 31 May 2026.
• Tenancy history: the original agreement, any renewals, and every rent increase notice.

Under the new rules, a landlord who cannot evidence compliance may be unable to use Ground 1A at all. If you have gaps, we can help you identify and, where possible, repair them before the property is marketed.

Capital Gains Tax: The Financial Hit

Selling a rental property almost always triggers a Capital Gains Tax bill. Unlike selling your main home, you pay tax on the increase in value of the property over the time you owned it.

While we are conveyancers rather than tax advisers, we work closely with your accountant to ensure the sale is timed and documented properly. Crucially, you must report and pay CGT on UK residential property within 60 days of completion. This is a tight deadline, and we make sure your completion statement gives you the figures you need promptly so you do not face HMRC penalties.

Energy Efficiency: The EPC Pressure

Alongside the Renters’ Rights Act, the government’s proposal to require a minimum EPC rating of C for private rentals by 2030 remains on the table, and the reformed EPC methodology is changing how older properties are scored. For a landlord with a Victorian terrace in Stockport currently rated D or E, this is often the deciding factor in whether to sell now or invest in upgrades.

If you are selling an older property, be prepared for investor buyers to scrutinise the EPC closely. They will be factoring future upgrade costs into their offer, so it is worth knowing where you stand before you go to market. Our guide to how to check that a house is energy efficient shows what buyers are looking at.

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 step can lead to a claim for harassment or unlawful eviction, or to a possession notice that fails in court.

You need a solicitor who understands both conveyancing and landlord and tenant law. At Gorvins Residential we can guide you through:

• Advising on whether Ground 1A is available on your tenancy, and when a notice can validly be served.
• Preparing the evidence a court will expect to see of your intention to sell.
• Managing communication with tenants so viewings can take place lawfully.
• Auditing your compliance paperwork before the buyer’s solicitor does.
• Handling the tenancy, deposit and rent apportionment if you sell with tenants in situ.

Conclusion: Plan the Tenancy Before You Plan the Sale

The window many landlords hoped to use closed on 1 May 2026. That does not mean you are stuck. It means the order of operations has changed: you now need to understand your tenancy position before you can set a realistic sale timeline.

Whether you intend to sell with vacant possession under Ground 1A or to an investor with your tenant in place, our team can review your tenancy, your paperwork and your options. If you want to understand how we fit into the wider process, our guide to what a conveyancer does for the seller explains how we work alongside your agent and accountant.

Contact Gorvins Residential today on 0161 930 5350 or at enquiries@gorvinsresi.com to discuss selling your rental property.