What Happens if Your Rented Home Is Sold in Scotland?

If you’re renting in Scotland and find out your landlord is selling the property, you might wonder what this means for you. Understanding your rights is important for planning your next steps and protecting your home. Below, we explain what happens if your rental property is sold in Scotland, what protections you have, and the actions you can take.

Do You Have to Move If the Landlord Sells?

For most renters in Scotland, selling the property does not automatically end your tenancy. If you have a Private Residential Tenancy (PRT)—the type of tenancy most common since December 2017—the new owner becomes your landlord and must uphold your existing rental agreement. This is known as the tenancy "continuing with the sale." Exceptions can apply in rare cases, such as short assured or regulated tenancies, but PRTs now cover most private renters.

How the Sale Impacts Your Tenancy

• Your tenancy continues—the new owner becomes the landlord and takes on all responsibilities in your lease.
• You do not need to sign a new tenancy agreement if you are on a PRT.
• The new landlord must register as a landlord with the local council and provide their contact details.
• Your deposit stays protected in the same government-approved tenancy deposit scheme.

Can You Be Asked to Leave Because of a Sale?

The new or existing landlord cannot simply ask you to leave because they wish to sell or have sold the property. They must follow the legal eviction process set out in the Private Housing (Tenancies) (Scotland) Act 2016¹.

• The landlord must issue an official Notice to Leave stating a valid ground (such as "intention to sell to live in" or "the lender is repossessing").
• The Notice to Leave must be served with the correct notice period—currently at least 28 or 84 days depending on your tenancy length and reason.
• You have the right to challenge an eviction at the First-tier Tribunal for Scotland (Housing and Property Chamber).

Practical Example: Official Forms You Might See

• Notice to Leave (PRT form): This is the official written notice a landlord gives to end your Private Residential Tenancy. It's required by law and must outline the grounds for eviction and your notice period. Learn how it works, see samples, and download from the Scottish Government Notice to Leave resource.
  • Example: Your landlord gives you a Notice to Leave because they have an accepted offer from someone who wants to live in the property. You do not have to leave immediately—the notice period applies.
• Referral to First-tier Tribunal for Scotland (Housing and Property Chamber): If you believe the notice is invalid or want to challenge an eviction, you can apply to the Tribunal. The official referral process is explained on the Tribunal's website.
  • Example: If the ground for eviction is not valid, or proper notice was not given, you may submit an application to the Tribunal to contest the eviction.

What Should You Do If You Learn Your Home Is Being Sold?

If you’re notified that your home is up for sale:

• Keep paying rent as normal—until you’re legally required to leave, your tenancy remains unchanged.
• Cooperate with reasonable requests for viewings, but you have the right to at least 24 hours’ notice and to refuse inconvenient times.
• If a new owner takes over, ask for updated contact information and proof of landlord registration.
• Read all notices carefully—seek advice if unsure about their validity.

Key Tenancy Laws for Property Sales

Your main protections are covered by the Private Housing (Tenancies) (Scotland) Act 2016 and landlord registration regulations. The First-tier Tribunal for Scotland (Housing and Property Chamber) is the tribunal responsible for resolving disputes about tenancies.

1. Can my new landlord change my rent after purchasing the property?
   They cannot increase your rent immediately following a sale. Any rent increase request must follow proper process, including written notice and the use of the Rent Increase Notice form. You can refer increases to Rent Service Scotland for review if you believe it's too high.
2. Do I lose my deposit if my landlord sells the property?
   No. Your deposit should remain safely held in a government-approved scheme. The new landlord becomes responsible for returning it at the end of the tenancy, subject to any agreed deductions.
3. What if viewings are disruptive or I feel pressured to move?
   You have the right to "quiet enjoyment" of your home. Landlords must give at least 24 hours’ written notice for viewings and should arrange them at reasonable times. They must not harass or pressure you to leave without following legal eviction procedures.
4. Can I negotiate with the new owner to end the tenancy early?
   Yes, any agreement to leave early should be mutual and in writing. Do not feel pressured—if you do not agree, your legal tenancy continues until properly ended.
5. Who do I contact if I believe my rights are being breached during a sale?
   You can seek support from Shelter Scotland, your local council, or submit a complaint/application to the First-tier Tribunal for Scotland.

Summary: What Tenants Should Know If Their Home Is Sold

• Your tenancy continues—ownership change does not mean automatic eviction in Scotland.
• Always insist on written notices and check the grounds for any eviction process.
• Use support services or the Tribunal if you have concerns about your rights.

Staying informed is the best way to protect your home and feel secure, even if your landlord decides to sell.

Need Help? Resources for Renters

• Scottish Government: Tenant Information – clear advice on rights and responsibilities for tenants.
• Shelter Scotland – free helpline and advice for renters (call 0808 800 4444).
• First-tier Tribunal for Scotland (Housing and Property Chamber) – official body for tenancy disputes and eviction challenges.
• Your Local Council – enquire about landlord registration or housing support services.

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. Scottish Government: Tenant Information

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