Your rights if your landlord is selling
If your landlord wants to sell the property, you might be able to stay in your home if:
your landlord did not give you valid notice
you do not believe that your landlord intends to sell
it would not be reasonable to evict you because of your circumstances
the home can be sold with you still living there
Your landlord must follow a strict legal process if they want to evict you to sell the property. They can only make you leave by getting an eviction order from a tribunal.
Your eviction rights will be different if you live with your landlord.
Selling the property without evicting you
Your landlord does not have to evict you before they can sell the property. You can ask them to consider selling with you as a sitting tenant.
If this happens, the new owner will become your landlord. Your tenancy will continue with the same rights. You do not need to sign a new agreement.
If you want to buy the home
A mortgage adviser can help you work out how much you could afford and how much of a deposit you’ll need.
Ask your landlord if they'd be willing to sell the property to you. They could choose to sell to you directly instead of advertising it on the open market.
Check our advice on buying a home.
Check if an eviction notice is valid
Your landlord or letting agent cannot just tell you to leave. They must send you a valid written eviction notice. This cannot be a text message.
You do not have to leave by the date on your eviction notice. After this date, your landlord can apply to the First-tier Tribunal (Housing and Property Chamber) for an eviction order.
The notice you should get depends on your tenancy type. If your landlord uses the wrong format or notice period, it will not be valid.
Private residential tenancy – notice to leave
You'll have a private residential tenancy if you moved in on or after 1 December 2017.
Your landlord must send you a legal document called a notice to leave.
Check what a notice to leave looks like. (PDF, 230 kb)
Your notice to leave may not be valid if it does not look like this, if it includes misleading information, or if it has the wrong notice period.
Your landlord must intend to put the property up for sale within 3 months of you moving out.
The notice period should be:
12 weeks (84 days) if you’ve lived there for 6 months or more
4 weeks (28 days) if you’ve lived there for less than 6 months
Check our advice on eviction if you have a private residential tenancy.
Assured or short assured tenancy – notice to quit and AT6 or section 33
You can only have these tenancy types if you moved in before 1 December 2017.
If you have a short assured tenancy, your landlord can use a section 33 notice at the end of your fixed term. This means they do not need a reason to evict you, but they still have to follow the correct process.
If you have an assured tenancy, your landlord cannot use selling the property as a reason to evict you. They must give you an AT6 form and use a valid eviction ground.
Check our advice on eviction you have an assured or short assured tenancy.
If you’ve not been given valid notice
Tell your landlord you will not be moving out and that they must follow the legal process. They cannot force you to leave.
You can tell them verbally or copy and paste this template into an email or text.
I'm concerned that you're not following the legal process to evict me.
I have checked my rights on the Shelter Scotland website. You have not sent me a valid eviction notice, so I will not be moving out.
If your landlord is trying to force you out, check our advice on illegal eviction.
What happens after your notice period
If you do not move out by the date on your notice, your landlord can apply to the tribunal to ask for an eviction order.
You can stay in your home during the tribunal process.
The tribunal process takes at least 2 months. It often takes longer if the tribunal is busy or your case is complicated.
There are usually no costs to go to the tribunal.
Delaying eviction if you need more time
Write to your landlord and explain your circumstances.
Tell them that you’re looking for somewhere else to live, but you will not be able to leave by the date on your notice.
Use our template to contact your landlord. Copy and paste the text and personalise it with your details.
Template: ask your landlord to delay eviction
Subject: asking for more time to find a new home
Since you sent me a notice to leave, I have been looking for a new home.
It's unlikely I will be able to move out by <date on your notice to leave>, because <explain why, for example: I'm having difficulties finding a suitable property / I have found a new home but I cannot move in yet>.
For this reason, I will have to stay in my home for longer. I'm asking you to agree that I can stay until I have somewhere to move into.
As you will be aware, you must get an eviction order from the tribunal before I have to leave.
I hope we can come to an agreement so that I can find a new home and we can avoid going to the tribunal.
Please confirm in writing if you'll allow me more time to find a new home.
<your name>
You can also download the letter to send as an email attachment or through the post:
Stopping eviction at the tribunal
You can ask the tribunal not to grant an eviction order if:
your landlord did not give you valid notice
you do not believe that your landlord intends to sell
it would not be reasonable to evict you because of your circumstances
You can go to the tribunal without a solicitor, but having someone represent you could help you stop the eviction. Check our advice on getting legal help for free or at a lower cost.
If your landlord did not give valid notice
The tribunal should not grant an eviction order. Your landlord will usually have to start the eviction process again by sending a valid notice.
If you think the eviction ground is false
Send the tribunal any evidence of why you do not believe the eviction ground. For example, emails or texts that show:
you asked for repairs and then your landlord sent an eviction notice
your landlord wants to rent the property out at a higher rent
your landlord wants to sell, but you have an assured tenancy and you're being evicted with a different ground
The tribunal should not grant an eviction order if your landlord cannot give proof of the ground they're using.
If an eviction order is granted on false grounds, you could get compensation by applying for a wrongful termination order.
If you think the eviction is not reasonable
The tribunal must consider both your and your landlord's circumstances to decide if it’s reasonable to evict you.
It might not be reasonable if:
being evicted would have a serious impact on you or your family
you cannot find somewhere else suitable to live
your landlord does not have strong reasons for needing to sell the property
For example, tell the tribunal if:
you or someone in your family is disabled, and you cannot find a home that meets your access needs
moving schools would seriously affect your children's wellbeing, and you cannot find a home in your local area
your landlord owns other properties that they could sell instead
Send proof such as doctor’s letters and copies of any housing applications.
The tribunal should also ask your landlord for proof of their circumstances and the reasons why they want to sell.
Check our advice on going to the tribunal to stop an eviction.
If your home is put up for sale while you’re living there
Your landlord must give you enough notice and get your permission if they want access to your home for viewings or surveys. You should get:
48 hours’ notice if you have a private residential tenancy
24 hours’ notice if you have an assured or short assured tenancy
You can decide if you want to be home during viewings.
You can refuse access if they want to come at a time that does not suit you. Ask them to rearrange for a more suitable time.
Finding somewhere else to live
Even if you want to challenge the eviction, start looking for a new home as soon as you can. The tribunal will usually want to see evidence that you’ve tried to find a new home.
You can try:
Getting homeless help
Contact the council and tell them you're being evicted. They have a duty to help you with your housing options if you're at risk of homelessness.
If an eviction order is granted, you're legally homeless. Check our advice on making a homeless application.
If you're not a British or Irish citizen, your rights to homeless help could be different. Check our advice on how your immigration status affects your housing options.
Do not move out if you have nowhere else to go. If you leave before an eviction order has been granted, it could be harder to get homeless help from the council.
Moving out before the end of your notice period
If you decide to move out before the date on your eviction notice, give your landlord notice to end your tenancy.
If you move out but do not end your tenancy correctly, you may have to keep paying rent until the end of the eviction notice period. Check our advice on:
Last updated: 17 February 2025
Housing laws differ between Scotland and England.
This content applies to Scotland only.