Home / Sell / Selling with tenants
How to sell a house with tenants in Derby
You have two routes. Sell it with the tenants staying, to another landlord, and the rent never stops. Or ask for it back using the new selling ground, which takes at least four months, and sell it empty to the whole market.
Since Section 21 ended on 1 May 2026, choosing the right route matters more than it used to. Get it wrong and you can end up with an empty house you are not allowed to re-let for a year. Here is how each route works in Derby and Nottingham, and how we handle it. Checked November 2026.
Route 1: sell with the tenants staying
The tenancy carries on and the buyer becomes the new landlord. The rent keeps coming in until completion, there is no notice to serve and no gap between tenants. The buyer takes over the tenancy agreement and the deposit, which must stay protected.
Who buys: mostly landlords and investors, who buy on the rent and the yield. That is a smaller pool than homeowners, so the price is often lower than selling empty. A long-standing tenant paying a fair rent, with a clean payment record and up to date certificates, makes it a much easier sale.
What helps: a current rent figure, the tenancy agreement, the deposit protection certificate, and in-date gas safety, electrical and EPC certificates ready for the buyer's solicitor. Buyers using a buy to let mortgage need a lender happy with the property and the rent. Our sister company Option Finance arranges buy to let mortgages, which helps get buyers to the finish line.
Route 2: get the property back and sell it empty
Selling empty opens it up to homeowners and first time buyers as well as landlords, which usually means a higher price. Since 1 May 2026 the way to get it back is Ground 1A, the selling ground.
- Give at least four months' notice on the correct form, Form 3A.
- The tenant cannot be asked to leave in the first 12 months of the tenancy.
- You need to show you genuinely intend to sell, for example a valuation and your agent's instructions.
- If the tenant does not leave when the notice ends, you need a court order, which adds time.
- Once you have used Ground 1A you cannot advertise or re-let the property for 12 months. If the sale falls through, it can sit empty.
Tenants can also end the tenancy themselves with two months' notice, and some are happy to move sooner if you talk to them early. This is general guidance, not legal advice. For anything disputed, speak to a solicitor before you serve notice.
Which route is right for you?
| Sell with tenants | Sell empty | |
|---|---|---|
| Who can buy | Mostly landlords and investors | Everyone |
| Price | Often lower | Usually higher |
| Rent while you sell | Keeps coming in | Stops once the tenant leaves |
| Earliest you can market it | Now | Now, but completion waits for vacant possession, at least four months away |
| Risk | Viewings depend on the tenant | Empty for up to a year if the sale fails |
The right answer depends on the gap between the two prices against the rent you would lose, and on your tenant. That is why we value it both ways before you decide anything.
How we sell tenanted homes in Derby and Nottingham
- A valuation both ways, with the tenants and empty, plus the rent the property should achieve, so you can compare the numbers.
- We speak to your tenant, agree viewing times that suit them and host every viewing ourselves.
- Marketing to landlords as well as homeowners, with the rent, yield and certificates set out for investor buyers.
- If the buyer keeps the tenants, we can carry on managing the property for them at 8%, so the tenant sees no change.
Our fee to sell is 0.75% of the sale price, no VAT, with a minimum of £1,500. See how we sell, or if you are thinking of keeping it and letting it properly, our full management.
Questions landlords ask about selling
Can I sell my house with tenants in it?
Yes. You can sell it with the tenants staying, usually to another landlord, and the tenancy carries on with the new owner. Or you can ask for the property back to sell it empty, using the new selling ground under the Renters’ Rights Act, which needs at least four months’ notice.
Can I still use Section 21 to sell?
No. Section 21 ended on 1 May 2026. To get a property back to sell it you now use Ground 1A, with at least four months’ notice on the correct form, and not in the first 12 months of the tenancy.
What happens if the sale falls through after I gave notice?
Once you have used Ground 1A you cannot advertise or re-let the property for 12 months, so a failed sale can leave it empty. Get a valuation and a clear view of the market before you serve notice, not after.
Do my tenants have to allow viewings?
Tenants are entitled to live in the home without unreasonable disturbance, so viewings need their cooperation and reasonable written notice, usually at least 24 hours. Tenants who are kept informed and given set viewing times are far more likely to help.
Will I get less for a house with tenants in it?
Often, yes, because you are mostly selling to landlords, who buy on the rent and the yield. Selling empty opens it up to homeowners and first time buyers, but you lose the rent while you wait. We value it both ways so you can compare.
What happens to the tenancy deposit when I sell?
If the tenants stay, the deposit moves to the new landlord, who must keep it protected in a government approved scheme. If they leave, it is returned at the end of the tenancy in the usual way.
Sources: NRLA, Section 8 grounds 1 and 1A, GOV.UK, guide to the Renters' Rights Act. More in our Renters' Rights Act guide.
Rated 5.0 from 17 Google reviews
What sellers say about selling their homes with us. Read every review on Google.
Great communication and service. He sold our home for a very fair price. During the sale process he kept me informed throughout up until we exchanged.
Very friendly, approachable, helpful and proactive during the sale of my property. The photos were conducted in a professional manner.
Their marketing really made a difference, especially the photos and virtual tour which helped generate strong interest in my property. They also helped with my onward purchase mortgage with their in house mortgage brokerage. Definitely recommend.