evicting tenants and selling

Evicting Tenants And Selling a Property

Struggling to Evict Tenants? Here’s How to Sell Without Waiting Months (UK Guide)

Dealing with difficult tenants can quickly turn a profitable rental property into a financial and emotional drain.

For landlords across the UK, particularly those with assured shorthold tenancies (ASTs), navigating the legal eviction process is often complex, time-consuming, and frustrating.

With court delays, tenant protections, and increasing red tape, many landlords ask: Can I sell my property with tenants still inside, without waiting months for an eviction?

The good news: Yes, you can.

In this article, we’ll guide you through how to legally and profitably sell a property with sitting tenants in the UK, even when tenants are uncooperative or in arrears. We’ll also explore alternative options like tenant negotiation, selling to property investors, and using cash buyer firms—all without months of stress or financial loss.


Why Eviction in the UK Takes So Long

Landlords in the UK are required to follow strict procedures when seeking possession of a property. Depending on the situation, this usually involves serving:

  • A Section 21 notice – for no-fault evictions

  • A Section 8 notice – where the tenant has breached the tenancy agreement (e.g., rent arrears or anti-social behaviour)

In either case, if the tenant refuses to leave, landlords must apply to the county court for a possession order, and in some cases, request a bailiff warrant. This entire process can take several months, and even longer in areas with court backlogs.

During this time, landlords are left:

  • Paying the mortgage

  • Receiving little to no rental income

  • Worrying about potential property damage

  • Facing legal costs and emotional strain

But many landlords don’t realise that you don’t necessarily need vacant possession to sell.


Can You Sell a House With Tenants in the UK?

Absolutely. UK property law permits the sale of a home with tenants in situ (commonly called sitting tenants). The buyer inherits the tenancy agreement and becomes the new landlord in this arrangement.

This is especially common in the buy-to-let market, where professional landlords actively seek tenanted properties that can generate income from day one.

However, selling a property with difficult or non-paying tenants requires careful planning and positioning.


Options for Selling a Tenanted Property Without Eviction

 Sell With Sitting Tenants to an Investor

This is the simplest solution if you’re dealing with tenants who are in place but paying rent, even if the relationship is strained.

Many property investors in the UK will purchase properties as-is, including with tenants, provided:

  • There is a formal AST agreement

  • They can see the rental income potential

  • The property has capital growth potential

You can list your property on sellhousefast4cash or through specialist investor platforms such as:

  • OpenRent

  • Property Investor Today

  • National Residential

  • SDL Property Auctions

Highlight:

  • Rent amount and payment history

  • Lease term and notice period

  • Any recent refurbishments or upgrades

 Negotiate a Surrender (Cash for Keys)

If your tenants are not paying rent or refusing to cooperate, you can offer a mutual surrender—a legal agreement in which the tenant voluntarily gives up their tenancy in exchange for an incentive.

This is the UK’s version of “cash for keys.”

While not commonly advertised, it is:

  • Completely legal (when documented in writing)

  • Often faster and cheaper than court action

  • An effective way to regain vacant possession

You might offer:

  • One month’s rent equivalent

  • Moving costs

  • Assistance with a deposit on a new rental

Just make sure:

  • The surrender is written and signed by both parties

  • You perform a check-out inspection and document the property’s condition

  • You return the deposit (less damages, if applicable)

 Sell to a Cash Buying Company

Some landlords opt to sell quickly to professional property buyers or cash-buying firms, who specialise in properties that are difficult to sell on the open market.

These buyers are ideal if:

  • You need a fast sale (in as little as 7–14 days)

  • The tenant is in arrears or refusing access

  • You want a stress-free exit, without legal hassle

Companies like:

  • WeBuyAnyHome

  • House Buyer Bureau

  • Good Move

  • The Property Buying Company

Will often buy:

  • Tenanted properties

  • Properties with damage

  • Homes needing refurbishment

  • Properties in legal disputes (including those mid-eviction)

Expect to receive slightly below full market value, but you avoid:

  • Court costs

  • Mortgage arrears

  • Empty property council tax

  • Emotional toll


How to Prepare for Selling a Property With Tenants

Even with the right buyer, a tenanted property needs strategic preparation. Here’s what to do:

 Get Your Documentation in Order

Make sure you can provide:

  • A copy of the tenancy agreement

  • Proof of rent payments or arrears

  • Any Section 8/21 notices (if served)

  • Gas safety certificates, EPC, and electrical checks

  • Deposit scheme details (DPS, MyDeposits, or TDS)

 Communicate With Your Tenant

Be transparent. Let your tenants know your intention to sell:

  • Give proper notice for any viewings (at least 24 hours)

  • Try to negotiate cooperation

  • Offer incentives if appropriate (e.g. rent discount)

Even if they are difficult, don’t take matters into your own hands—illegal eviction is a criminal offence in the UK.

 Work With a Specialist Estate Agent

Choose an agent experienced in tenanted property sales. They’ll understand how to:

  • Market to landlords and investors

  • Manage limited access or viewing issues

  • Handle the legal nuances of selling to tenants

Look for agents who regularly deal with portfolio landlords or buy-to-let properties.


Is It Worth Selling With Tenants in Place?

Yes—especially if:

  • The rental income is decent

  • You’re in a rush to sell

  • You want to avoid legal proceedings

  • The tenant won’t leave voluntarily

But be realistic. You may:

  • Achieve slightly less than full market value

  • Limit your buyer pool to investors

  • Need to be flexible with viewings

Still, for many landlords, the speed and simplicity outweigh a small discount on price.


What If I’ve Already Served an Eviction Notice?

If you’ve issued a Section 21 or Section 8 notice but the tenant hasn’t left:

  • You can still sell the property, but you must disclose the legal proceedings

  • The buyer will take over the eviction process

  • Expect offers that reflect this legal risk

Some investors actively seek distressed properties mid-eviction, as long as the numbers work.


Final Thoughts

Trying to evict tenants in the UK is never easy and rarely quick. But if you’re ready to move on from a challenging tenancy, you don’t have to wait months or face the courts.

With the right approach, you can:

  • Sell with tenants in place

  • Avoid court and legal fees

  • Release equity faster

  • Reduce financial losses

Whether you sell to an investor, negotiate a surrender, or contact a reputable cash buyer, you can take back control and start fresh without eviction drama.


FAQs

Can I legally sell a tenanted property in the UK?

Yes. You can sell a property with tenants in situ. The buyer becomes the new landlord and inherits the terms of the existing tenancy.

Do I need to evict tenants before selling?

No. You can sell with tenants in place, although vacant properties attract a broader range of buyers and higher prices. Selling with tenants is most common when targeting landlords or investors.

What is a sitting tenant?

A sitting tenant remains in the property under a valid tenancy agreement during and after the sale of the property.

What if my tenant refuses to leave after the property is sold?

Suppose the tenant intends to leave. If the tenancy is still valid, the landlord must follow the same legal eviction process if they want vacant possession.

Is “cash for keys” legal in the UK?

Yes, though it’s usually called a mutual surrender. You can offer a tenant a financial incentive to leave voluntarily, provided it’s properly documented and agreed upon.

How much can I get for a tenanted property?

Typically, a tenanted property might sell for 5–15% below market value, depending on tenant reliability, property condition, and legal complications.

Useful Links

  Read our top Blogs:

  Sell My Property Fast For Cash In Wandsworth

  What to Do If Your House Won’t Sell: Fast Solutions That Work

  How to Sell House Fast: Proven Tips to Get a Quick Sale Without Estate Agents

  📞 Call +447702210159 our friendly team for a same-day offer

Scroll to Top