5 March 2025
Conveyancing for Landlords: A Useful Guide to Selling Your Rental Property
Thinking perhaps now is the time to sell your rental property?
Whether you’re looking to release equity from the sale, downsize your rental portfolio, or just taking a break from being a landlord altogether, the process of selling a property can feel a bit daunting – especially when there are tenants involved too.
That’s where our professional conveyancing services for landlords comes in.
But what exactly does it mean for landlords and how can you navigate the process whilst avoiding the pitfalls and keeping your tenant happy?
Let’s explain below what you’ll need to know.
What Is Conveyancing and Why Does It Matter for Landlords?
Conveyancing is the legal process of transferring property ownership from one person to another in the UK. For landlords selling a rental property, it involves more than just signing a few documents. You’ll need to factor in tenancy agreements, your tenant’s rights and compliance with regulations specific to rental properties in the UK.
Here’s why conveyancing is crucial:
- It ensures all legal obligations are met (so you don’t face disputes or challenges later).
- It protects you from any potential legal pitfalls during the sale of the property.
- It streamlines communication with buyers – especially if they’re making a purchase whilst your tenants are living in the property.
You should choose a conveyancer or Solicitor with enough experience who can help guide you through the maze of legalities, ensuring everything runs smoothly during the sale of the property.
Common Questions Landlords Ask About Selling their Rental Property
Selling a rental property perhaps isn’t quite the same as selling your own home but we still get asked the following questions by landlords looking to use for conveyancing help:
Can I Sell my Rental Property with my Tenants Still Living There?
Yes, you can!
Selling with tenants in place (meaning they stay in the property after the sale happens) can be appealing to some landlords looking for an investment-ready property to take on. However, if you’re selling to someone who wants vacant possession (e.g., a homeowner looking to move in), you’ll need to serve notice to your tenants in a legal and timely manner – these rules will change dependent on if you are in England or Wales.
Pro Tip: If in England, check your tenancy agreement and adhere to Section 21 or Section 8 notice requirements under the Housing Act 1988. If in Wales, ensure you give the correct notice under Rent Smart Wales Act. Failing to follow these rules could delay your sale – or worse, land you in legal trouble. Also please note a rent review in England is due to take place in June 2025 and this too will have an impact on the current rules.
Do I Need Vacant Possession to Sell My Property?
No, not always. If your buyer happens to be another residential property landlord, they may prefer the tenants to stay on and keep paying rent. However, if you’re targeting residential buyers who want to move in themselves, a vacant possession will very likely be required.
What’s vacant possession?
It simply means the property must be empty of tenants and ALL of their belongings by the time ownership transfers.
How Do I Handle my Tenants when Arranging Viewings to Prospective Buyers?
This can be tricky but, with some planning, arranging viewings can be much more manageable with timely communications. Tenants have a legal right to quiet enjoyment of their home, so you’ll need their permission before you scheduling viewings with an Estate Agent that you have chosen.
Tips for smoother viewings:
- Give plenty of notice (at least 24 hours though more is preferred).
- Be flexible with timings for tenants to accommodate their schedules.
- Consider offering an incentive – like a slightly reduced rent during the sale period.
What Documents Will I Need for Conveyancing?
When selling a rental property, you’ll need more than just title deeds. Your conveyancer will likely ask for:
- The tenancy agreement(s).
- Deposit protection scheme details (if applicable).
- Energy Performance Certificate (EPC).
- Gas safety certificates and electrical inspection reports.
- Records of any repairs or maintenance carried out during the tenancy.
Having these READILY to-hand can significantly speed up the sales process for you.
Taxes and Financial Considerations for Landlords
Selling your rental property isn’t just simply about finding a buyer – it’s also about understanding how it may affect your finances. Here are some key considerations you should bear in mind:
Capital Gains Tax (CGT)
As a landlord, you’ll likely face CGT when selling your property. This tax applies to the profit you make from the sale (i.e., the difference between what you paid for the property and what you sell it for). Unless exempt, this is something that needs to be considered.
Good news: You may be eligible for certain reliefs, like Private Residence Relief (if you lived in the property at some point) or Letting Relief (subject to specific conditions).
Quick Tip: We strongly recommend you speak with your accountant before putting your rental property up for sale; they can help you calculate your CGT liability and look for ways to reduce it.
Mortgage Considerations
If you have a buy-to-let mortgage on the property, check whether there are any early repayment charges or penalties for paying off your loan early. Your lender may also need to approve the sale if you still have tenants living there.
How Long Should Conveyancing Take When Selling a Rental Property?
On average, conveyancing usually takes 8–12 weeks but this varies depending on factors such as:
- Do your tenants remain in the property after the sale or does your buyer require it to be a vacant possession when they move in?
- How quickly necessary documents are provided by each party?
- Any complications with mortgage lenders or legal checks?
Need things to move faster?
It’s important to choose an experienced conveyancing solicitor who understands landlord-specific challenges; its important they know how to keep things smoothly on track to mitigate stress and ensure things keep moving in a timely fashion.
Why Choosing the Right Conveyancer Matters
Not all property conveyancers are created equal especially when it comes to handling landlord-specific sales. We’d recommend you look for conveyancing solicitors who:
- Have experience dealing with tenanted properties.
- Understand a landlord’s obligations under the law of England and Wales (for example the UK tenant deposit scheme).
- Communicate clearly in a timely fashion and keeps you updated throughout the process.
Hiring an expert conveyancing solicitor isn’t just about ticking boxes – it’s about peace of mind knowing that every detail is handled correctly. Look at their testimonials carefully and ask pertinent questions in your initial dealings to make sure you are getting someone with experience.
Ready To Sell Your Rental Property? Let’s Get Started!
Selling a rental property can be stressful but having a skilled conveyancer or Solicitor by your side to remove any potential headaches during the process is, in our experience, essential.
So, whether you’re freeing up equity or just stepping away from being a landlord altogether, a conveyancing Solicitor experienced in helping landlords is going to be the key to a smooth sale.
If you’re ready to take the next step or simply have more questions about conveyancing for landlords, please feel free to get in touch and call us on 01291 639280.