Selling under the Renters' Rights Act

The Renters’ Rights Act fundamentally changes how and when landlords should sell. The biggest shift is: once you signal an intention to sell using Ground 1A, you lose flexibility. If the sale stalls or falls through, you may be left with an empty property you cannot legally re-let for a prolonged period. 

That means the old approach, serve notice, list, and see how it goes, is no longer viable. 

In this article, we set out a practical, compliant framework for selling under the new rules, starting with the safest option first: try to sell while the tenant is still in place. 

Start by understanding the constraint: selling now requires notice

Under the Renters’ Rights Act, most sales to owner-occupiers will require vacant possession. In practice, that means giving four months’ notice before you can complete a sale. 

While it is technically possible to sell with a tenant in place, this usually limits your buyer pool to other landlords. Those buyers are typically highly price-sensitive - and are looking to get a good deal, the same way you would be when looking to add to your portfolio, and sales with a tenant in situ commonly attract a 5–10% discount compared to selling to an owner-occupier. 

For most landlords who are making selling decisions on numbers, that trade-off is not attractive. 

The challenge is that serving Ground 1A too early creates risk. Once notice is served, if the sale falls through, you may be left with an empty property you cannot re-let for a prolonged period. This is why timing and sequencing now matters more than ever. 

The narrow window where selling “with the tenant” can work

There are two situations where attempting to sell before committing to Ground 1A may make sense: 

• If your tenant has already indicated they plan to leave, or 

• If you serve a Section 21 notice before the new rules take effect, giving you a short transition window. 

In these cases, landlords may try to line up a buyer during the notice period, hoping that: 

• tenants remain cooperative with viewings, and 

• a sale can be agreed before the property becomes vacant. 

If you are in this window, it’s essential to make viewings as smooth as possible: 

• agree predictable viewing windows 

• minimise disruption 

• and consider fair incentives (such as a conditional rent reduction) to encourage cooperation. 

However, this approach relies heavily on goodwill and timing, and it is not something landlords can fully control. 

Once the property is empty - flexibility depends on whether you served notice

Here’s the critical distinction. 

If you have not served Ground 1A

Once the tenant leaves, you retain full flexibility. You will not want to install another long-term tenant if you plan to sell, but you can generate income legally while marketing the property. 

This is where flexible short-let models matter. 

Traditional short lets create their own problems: 

• buyers are asked to work around occupancy, and in a buyer’s market, that rarely ends well 

• viewings can only happen between stays 

• weekends are often blocked 

By contrast, Flyp’s rent-while-selling model allows: 

• income to continue flexibly with shorter notice 

• viewings to happen throughout occupancy 

• and the property to remain show-ready at all times 

You keep income without restricting the sale, because our strategy lets you generate income without locking yourself into a new tenancy or restricting your options. We use short- and mid-term licence agreements, not assured tenancies, so you retain full flexibility and can accommodate viewings at any time. Unlike conventional short lets, viewings aren’t limited to changeover days - buyers can view when it suits them, not just between stays. Flyp manages occupants, cleaning, and access, keeping the home furnished, show-ready, and compliant while your sale progresses. 

If you have served Ground 1A

At this point, the strategy must change completely. 

You cannot market the place fo rental or re-let. You cannot pivot. Your priority becomes: 

• selling fast 

• to the widest possible buyer pool 

• for the best achievable price 

This is where a single-agent approach is most risky. One agent means one set of buyers, slower feedback, and fewer chances to correct pricing early. 

A multi-agent strategy with several strong local agents working simultaneously brings: 

• all buyer databases at once 

• real competition 

• all the different agents’ strategies and marketing tactics 

• faster market signals 

• the opportunity to rotate the online listing to keep it fresh for new buyers 

• shorter exposure to an empty-property downside 

If you’re against the clock, speed and coverage are everything. 

A simple decision framework: three compliant routes to sale

Under the Renters’ Rights Act, landlords effectively have three routes, each with trade-offs. 

Route A - Sell with the tenant in situ

• Rent continues throughout the sale 

• No restricted period is triggered 

• Best if tenants are cooperative and access is workable 

• Sale may appeal to investor buyers, or end users willing to wait out the notice period 

This is often the right place to start. 

Route B - Negotiate a voluntary surrender without Ground 1A

If access is difficult or presentation is poor, it may be worth discussing a mutually agreed exit without relying on Ground 1A. 

This preserves optionality: 

• You can continue generating income right up to exchange 

• You are not locked into a forced sale timeline 

• Flexibility is retained if plans change 

Any agreement should be: 

• Voluntary 

• Clearly documented 

• Supported by fair incentives (rent adjustments, moving cost contributions, flexible dates) 

Route C — Use Ground 1A only when fully committed to selling

Serving Ground 1A should be treated as an irreversible step. Once notice is served, a restricted period begins: you cannot re-let on a tenancy, and you lose the ability to pivot back to renting if the sale stalls. This route therefore only makes sense if you are fully committed to selling, with pricing agreed, preparation and legal work complete, and a clear plan to minimise time on market. 

If you do serve notice, the four-month period must be used aggressively. In the no-let window, speed becomes everything. Time on market is now your biggest risk, and “post and pray” simply doesn’t work. One agent means one buyer pool, slower feedback, and a higher chance of costly delay. 

Flyp’s multi-agent marketplace is built for exactly this scenario.  

• Several top local agents instructed at once  

• One coordinated listing, one fee (sole-agency level)  

• Listings rotate to avoid staleness  

• Underperforming agents are replaced quickly  

This approach maximises buyer exposure fast which is critical when the downside of delay is an empty property with no rental fallback. 

What if the tenant gives notice first? Don’t panic.

Tenant-led exits are becoming more common, and they don’t have to derail your plans. 

If a tenant leaves and you’re unsure whether you want to re-commit long-term: 

• Entering a new tenancy locks you back in 

• Leaving the property empty creates immediate cost pressure 

Flyp can generate flexible income without creating a new tenancy, allowing you to earn while selling, or while deciding your next step, without breaching the Act. We enable you to offer your property for rental on a licence basis, so you retain unencumbered access, and a rolling four-week notice period because we need regular access to the property to provide services like regular room cleans. 

This preserves your flexibility, and the ability to keep income rolling in without sacrificing your options, or your timeline. It’s worth doing this properly, as meeting the threshold of a licence without having an occupant establish a de facto tenancy requires preparation and maintenance - we specialise in doing this, and can advise and support landlords who want to do so.  

Plan early, and line up the sale properly

Under the new rules, preparation matters more than ever: 

• Start legal work early 

• Resolve leasehold and title issues upfront 

• Line up agents, pricing, and marketing before notice is served 

• If major refurbishment is planned, ensure works qualify and are properly evidenced 

Landlords can manage all of this themselves, but for the same overall fee, many choose to let Flyp handle the coordination, compliance, and execution. 

In summary

The Renters’ Rights Act removes the ability to “sell or rent later”. Once notice is served, the decision is made. 

The safest strategy is: 

1. Consider trying to sell first with the tenant in situ 

1. Use incentives and structure to secure cooperation 

1. Only serve notice when you are ready to commit 

1. If you do, hit the market hard and fast 

Flyp helps landlords: 

• Maintain income while selling, compliantly 

• Avoid unnecessary void periods 

• Achieve faster sales through wider buyer competition 

• Remove the operational and legal headache 

Selling under the new rules is still possible, but only with planning, speed, and flexibility. 

About Flyp

Flyp is a UK property marketplace built for today’s landlords - combining short-let income solutions and multi-agent sales to achieve faster, higher-value sales that don’t compromise income.