Introduction
As a tenant, finding out your landlord wants to sell the property you’re renting can be stressful. It’s natural to wonder whether this means you’ll be asked to leave. The good news is that landlords can’t just ask you to leave on a whim, even if they plan to sell. In this blog, we’ll explain the steps a landlord must follow if they want to evict you to sell the property, and we’ll help you understand your rights.
Can a Landlord Evict Me Just to Sell the Property?
In short, your landlord cannot evict you simply because they want to sell the property—unless they follow the correct legal process. The rights you have as a tenant depend on the type of tenancy agreement you’re under. Most tenants have an Assured Shorthold Tenancy (AST), which means your landlord must follow specific steps to evict you.
If you’re still within the fixed-term period of your tenancy (usually 6 or 12 months), your landlord cannot evict you until that period has ended unless you breach the terms of the agreement (such as falling behind on rent). If your tenancy is periodic (rolling month-to-month), the landlord can serve a ‘Section 21 notice‘.
What is a Section 21 Notice?
A Section 21 notice, also known as a ‘no-fault eviction,’ allows landlords to ask tenants to leave at the end of their tenancy or during a periodic tenancy without giving a specific reason. However, there are rules for how and when this notice can be given, and landlords must give tenants at least two months’ notice.
Steps Landlords Must Follow to Serve a Section 21 Notice
- Provide at least two months’ notice: Your landlord must give you a minimum of two months’ notice before you need to leave.
- Ensure the deposit is protected: If your landlord has not protected your deposit in an approved deposit protection scheme, they cannot legally serve a Section 21 notice.
- Provide necessary documents: The landlord must provide you with an Energy Performance Certificate (EPC), a Gas Safety Certificate, and the government’s ‘How to Rent‘ guide. Without these, the Section 21 notice may be invalid.
- Notice must be valid: The notice must be served in writing, and the landlord cannot serve it within the first four months of your tenancy.
Use our free interactive tool to find out whether the Section 21 notice you’ve been served is valid.
Conclusion
If your landlord wants to sell the property you’re renting, they must follow the correct legal procedure to evict you. You have rights, and the process is not as simple as being asked to leave. Understanding these rules is key to making sure you’re treated fairly. While Tenant Angels can help with deposit protection issues, we recommend seeking further advice from a solicitor or a housing charity if you’re worried about eviction due to a property sale.
FAQs
No, unless you’ve breached the terms of your tenancy agreement.
If they’re serving a Section 21 notice, they must give you at least two months’ notice.
Yes, if you have a fixed-term tenancy. The new owner would take over as your landlord until the end of the term.
Your landlord cannot serve a valid Section 21 notice if your deposit is not protected.
Check that the notice is valid, and seek advice if you’re unsure about your next steps.
Would you like to find out whether your tenancy deposit was protected correctly?
We specialise in helping tenants make successful compensation claims when your landlord or letting agent has failed to protect your deposit correctly.
The law is very black and white when it comes to deposit protection and states that your deposit must be protected in one of the three government-backed schemes within 30 days of you paying it and it should remain protected until the day you move out.
Claims can be worth up to 3x your deposit, plus the full return of your deposit on top. For example, if you paid a £1,000 deposit, you may be able to claim £3,000 + your £1,000 deposit back.
Use our FREE online eligibility checker to see if you could be owed compensation.
Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice or a client-solicitor relationship. All information, content, and materials available on this website are for general information purposes only and should not be used as the basis for taking any specific course of legal action.