Does selling a rented property end your tenancy?
A landlord can usually sell a property with a tenant in place. The sale itself does not cancel a private residential tenancy under the Private Housing (Tenancies) (Scotland) Act 2016. If ownership changes, the tenancy will generally continue and the new owner becomes responsible for the landlord’s obligations, including repairs, safety duties and handling the tenancy correctly.
A landlord who wants you to leave because they intend to sell must normally use the proper process. For a private residential tenancy, this usually means serving a Notice to Leave and relying on the relevant eviction ground, such as intending to sell. The notice must give the required notice period and explain the proposed ground. A landlord cannot simply tell you to move out because the property has been marketed.
Landlord access and viewings in Scotland
Your tenancy agreement should explain when the landlord can access the home. The Scottish Government model tenancy agreement generally provides for at least 48 hours’ notice for access, except in an emergency.[2] Your agreement may contain relevant details, but a landlord should still act reasonably and avoid unnecessary disruption.
- Ask the landlord or selling agent to give written notice of each viewing, including the proposed date, time and purpose.
- Offer reasonable appointment times that work for you, rather than accepting an open-ended request for access.
- Explain in writing if a proposed appointment creates a genuine problem, and suggest an alternative time.
- Tell the agent about reasonable safety, disability, work or privacy concerns that affect how viewings should take place.
Can a landlord enter without permission?
A landlord should normally provide the notice required by your tenancy agreement and allow a reasonable opportunity to arrange access. An emergency, such as a serious leak or suspected danger, may justify faster entry. Repeated unannounced visits, attempts to force entry or using keys to conduct viewings without proper notice may interfere with your right to live in the property peacefully.
If an agent arrives unexpectedly, you can calmly say that the visit was not arranged and ask them to leave. Follow up by email, keep a record of what happened and request that future appointments comply with the tenancy terms. Do not physically confront anyone or put yourself at risk.
Privacy, photographs and personal belongings
Viewings should be limited to what is reasonably needed to market the property. You can ask that photographs avoid family information, identity documents, medication, valuables and other private material. Consider putting sensitive papers and small valuables somewhere secure, but the responsibility for arranging lawful and respectful access remains with the landlord or agent.
Ask who will attend, whether the agent will supervise visitors and how photographs or video will be used. If you believe images reveal personal information or that visitors have behaved inappropriately, raise the issue promptly in writing and preserve copies of the listing and correspondence.
Notice to Leave and a proposed sale
The official Notice to Leave is the form a landlord uses to tell a private residential tenant that they want possession of the property. A landlord intending to sell should identify the sale-related eviction ground and provide the required supporting information. For example, the notice may state that the landlord intends to put the property on the market and explain the legal basis being relied upon.
Read the notice carefully when it arrives. Check the date it was served, the date you are asked to leave, the eviction ground and any documents supplied. A notice does not by itself authorise the landlord to remove you. If you do not leave, the landlord generally needs an eviction order from the First-tier Tribunal for Scotland (Housing and Property Chamber).[3]
- Keep the original Notice to Leave, envelope, email or delivery record, because service and dates may matter.
- Calculate the notice period from the information provided and seek help quickly if the deadline is close.
- Save the sale listing, viewing messages, tenancy agreement, rent records and any evidence about the landlord’s stated plans.
- Do not leave solely because an agent says that you must go unless you have received reliable advice or agree a lawful arrangement.
What if viewings become unreasonable?
Start by writing to the landlord or agent. State the dates and times of unwanted visits, explain the effect on you and propose a workable viewing arrangement. Keep the tone factual and ask for all future requests to be made in writing. If the problem continues, contact your local council’s private renting or homelessness service for guidance, particularly if there are safety concerns or possible harassment.
Depending on the circumstances, you may be able to apply to the tribunal about a tenancy dispute. The First-tier Tribunal (Housing and Property Chamber) deals with a range of private renting applications in Scotland, including some disputes about a landlord’s duties and unlawful eviction. Check the tribunal’s current application guidance before filing because the correct application route depends on the problem.
Official forms and applications
- Notice to Leave: a landlord uses this prescribed notice to seek possession from a private residential tenant, including where the landlord says they intend to sell. If you receive one, check the ground, dates and service details, then obtain advice before the notice period expires.[4]
- First-tier Tribunal application: a tenant can use the tribunal’s online application process or relevant application form when a qualifying housing dispute needs a legal decision. For example, a tenant who believes a landlord has mishandled access or another tenancy obligation should check the tribunal guidance, gather evidence and submit the correct application with supporting documents.[3]
Keeping evidence and protecting your position
Good records can make a disagreement easier to resolve. Keep the tenancy agreement, notices, emails, text messages and a dated viewing diary. Note who attended, whether notice was given, what happened and whether any damage or privacy concern followed. Take photographs only where necessary and avoid recording people unlawfully.
- Store copies of messages and documents in a secure folder with their dates.
- Continue paying rent under the tenancy unless you receive specific legal advice to do something different.
- Contact a qualified housing adviser promptly if you receive tribunal papers or feel threatened.
FAQ
- Can my landlord sell the property while I live there?
- Usually, yes. A sale normally does not end a private residential tenancy, and the new owner generally takes over the landlord’s responsibilities.
- How much notice should I receive before a viewing?
- Check your tenancy agreement. The Scottish Government model tenancy generally provides for at least 48 hours’ notice for access, except in an emergency.
- Can I refuse every viewing?
- You should not unreasonably prevent access that is properly arranged under the tenancy agreement, but you can object to unreasonable timing, lack of notice or conduct that threatens your privacy or safety.
- Does a Notice to Leave mean I must move out immediately?
- No. The notice must provide the required notice period, and a landlord will generally need an eviction order if you do not leave voluntarily after the notice period.
- Where can I challenge a tenancy dispute?
- The First-tier Tribunal for Scotland (Housing and Property Chamber) handles many private residential tenancy disputes, subject to its rules and jurisdiction.
How-To
- Read your tenancy agreement and record the access terms that apply to viewings.
- Keep a dated record of every viewing request, appointment, visit and privacy concern.
- Send a written request for reasonable viewing arrangements and propose suitable appointment times.
- Review any Notice to Leave and gather the documents needed for advice or a tribunal application.
- Respond to tribunal papers and attend any hearing by the stated deadline.
Help and Support / Resources
- Scottish Government private renting guidance
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- mygov.scot private tenant eviction guidance
- Citizens Advice Scotland housing guidance
