Tenanted property
Can I sell a property with a sitting tenant in Scotland?
Yes. The question is whether you sell with the tenancy or without it.
The short answer
A landlord can sell a tenanted property at any time. Most Scottish tenancies granted since December 2017 are private residential tenancies, which are open-ended: there is no fixed end date, and a landlord who needs vacant possession must use a statutory ground, serve the correct notice and, if the tenant does not leave, apply to the First-tier Tribunal. Selling with the tenant in place avoids all of that but narrows the market to investors.
What this means
Intending to sell is one of the statutory grounds for eviction under the private residential tenancy regime, but it has evidence requirements and the Tribunal decides whether it is reasonable to grant an order.
Selling with the tenancy in place transfers a live contract. The buyer inherits the tenant, the deposit arrangements and the landlord obligations.
Tenanted sales price against investment yield rather than owner-occupier sentiment, which usually means a different figure from an empty equivalent.
Your possible options
These are possibilities to consider, not recommendations. Which of them fits depends on your own circumstances.
Sell with the tenant in place
No notice, no void period, continuing rent. The buyer pool is investors and portfolio landlords.
Specialist advice: A solicitor should handle transfer of the tenancy and the deposit.
Seek vacant possession first
Where an owner-occupier price is materially higher, using the statutory ground may be worth the time and risk.
Specialist advice: Notice periods and grounds are prescribed; get them wrong and the process restarts.
Agree an ending with the tenant
Tenants sometimes wish to move anyway. An agreed end date, properly documented, is faster than any contested process.
Wait until the tenancy ends naturally
Where the tenant is already planning to leave, timing the marketing around it avoids both a void and a Tribunal.
What should I do first?
- Identify the tenancy type — a private residential tenancy behaves differently from older tenancies.
- Check landlord registration, deposit protection and safety certificates are all current.
- Talk to the tenant before doing anything else; their plans may decide the route.
- Get a view on the tenanted value and the vacant value, so the difference is a number.
- Take advice on notice grounds and Tribunal timescales before serving anything.
- Choose the route that produces the better net position, not just the higher headline.
You may need specialist advice
Lothian Property publishes property information. It is not a law firm, lender, financial adviser or estate agent, and the professionals below are independent of us.
- Letting professional
- Tenancy law in Scotland is specific. A registered letting agent can explain obligations to tenants.
- Scottish solicitor
- Scots property law differs from England and Wales. A solicitor regulated by the Law Society of Scotland can advise on your specific position.
- Conveyancing solicitor
- In Scotland a solicitor normally handles missives, title and settlement, and often the marketing too.
- Tax adviser or accountant
- Capital gains, inheritance tax and Additional Dwelling Supplement depend on your own circumstances.
What to do next
Understand your property position first
Tell us about the property and what has changed. We will set out what the information says, with no obligation to sell and no pressure to decide anything today.
Common questions
- Do I have to give my tenant notice to sell?
- Only if you need the property empty. You can sell with the tenancy in place. If you need vacant possession you must use a statutory ground and the prescribed notice, and the First-tier Tribunal decides contested cases.
- Does a tenanted property sell for less?
- Usually it prices on yield rather than owner-occupier appeal, which often produces a lower figure — but it avoids a void period, and the rent continues until settlement.
- What happens to the tenant's deposit?
- It stays protected in an approved Scottish scheme and the arrangements transfer to the new landlord. Your solicitor deals with this at settlement.
- Can the tenant refuse viewings?
- Tenants have a right to occupy the property. Access for viewings is normally arranged by agreement, and the tenancy agreement sets out notice for access.
Sources
- mygov.scot — housing and local services — government
- Scottish Government — buying and selling a home — government
- Citizens Advice Scotland — charity
- Law Society of Scotland — find a solicitor — professional body
Related situations and guides
About Lothian Property
An independent starting point, not an estate agency
Lothian Property is an independent property information and introduction service. We are not an estate agency. We help homeowners understand their property, their options and their local market, and — where appropriate and only with your permission — introduce them to independent estate agents and other property professionals who can assist.
How Lothian Property worksPrepared by Lothian Property. Information last reviewed 2026-09-04; next review due 2027-03-04. General property information for Scotland, not legal, tax or financial advice. Editorial policy.