Tenants often feel uncertain about their rights when there are rent arrears and concerns that the landlord may be planning to sell the property. It is completely understandable to want clarity before making further payments, especially when you are unsure whether your home will remain available to you. Understanding how UK tenancy law approaches these situations can help you make informed and confident decisions.
This guidance explains your rights and the practical steps you can take when you want a new tenancy agreement but still owe outstanding rent.
Understanding the issue or context
Many tenants worry that, if a landlord intends to sell the property, they may be left without security. This can feel even more stressful when rent arrears exist. It is common to ask whether you can request a new written tenancy before paying what is owed, or whether the landlord must address your concerns about the property’s future.
The law recognises the importance of security and fairness on both sides. Knowing the framework helps clarify what is possible and what you can reasonably request.
The legal rules or framework
New tenancy agreements are a matter of agreement
A landlord is not required by law to grant a new tenancy simply because you ask for one. It is a voluntary agreement. However, you are entitled to make the request, and many landlords will consider it if it helps formalise the arrangement.
Rent arrears do not remove your right to ask
Even if you owe outstanding rent, you may still:
- ask the landlord to clarify their intentions for the property,
- request a new fixed-term tenancy,
- negotiate terms that work for both sides.
The existence of arrears does not prevent you from making the request; however, the landlord may use the arrears as a reason to decline or delay entering into a new fixed-term agreement.
If the landlord plans to sell
A landlord can sell a property with tenants in situ, and your tenancy continues. But they may also decide not to renew a tenancy if they intend to sell with vacant possession.
Risk of possession proceedings
If arrears reach a certain level, the landlord may be able to start possession proceedings. This does not prevent negotiation but is important to keep in mind.
Your current tenancy still protects you
If your tenancy has become periodic:
- your rights continue,
- you still have notice protections,
- the landlord cannot simply remove you without following the legal process.
Practical steps to take (step-by-step guidance)
1. Ask the landlord to clarify their intentions
A simple written message requesting confirmation about whether they intend to sell can help you understand the situation.
2. Request a new tenancy agreement
Explain why you would like a new fixed term—for example, stability, clarity, or the need for formal documentation.
3. Acknowledge the arrears and propose a plan
Landlords often respond more positively when:
- you recognise the arrears,
- you explain how and when you will clear them,
- you offer a realistic payment plan.
4. Keep communication factual and calm
Avoid assumptions about the landlord’s motives. Focus on practical solutions.
5. Do not withhold communication because of arrears
Being proactive helps protect your position and shows good faith.
6. Seek legal review if your landlord threatens eviction or refuses to engage
A solicitor can explain your rights clearly and help you confirm whether the landlord is acting within the law.
Common pitfalls to avoid
- Assuming the landlord must give you a new lease. This is negotiable, not guaranteed.
- Ignoring arrears. Leaving arrears unaddressed often makes negotiation harder.
- Withholding rent without agreement. This can place you at risk of possession proceedings.
- Relying on informal conversations. Always keep written records.
- Acting on assumptions about a possible sale. Instead, seek clear information from the landlord.
Avoiding these pitfalls helps you maintain stability and protect your tenancy rights.
Frequently Asked Questions
Can I ask for a new tenancy even if I owe rent?
Yes. You can request one, but the landlord is not required to agree. A repayment plan may make negotiations smoother.
If the landlord is selling, can they refuse to renew my tenancy?
Yes. A landlord can choose not to grant a new fixed term if they intend to sell with vacant possession, but they must still follow the legal eviction process.
Does owing rent mean I can be evicted immediately?
No. There is a legal process. The landlord must serve proper notice and, in most cases, obtain a court order.
Can a landlord sell the property while I still live there?
Yes. A buyer may take over your tenancy. Your rights continue.
Will a new tenancy agreement protect me if the landlord sells?
A fixed-term agreement may offer more stability, as it continues even if ownership changes.
Should I pay the arrears before negotiating?
Not always. Demonstrating a clear repayment plan can be just as important, especially if full payment is not immediately possible.
Conclusion
If you’d like to understand your rights and options in plain English, visit LegalGuidance.org — a free resource powered by Martin Taggart Legal Consulting.
For professional, fixed-fee advice from a UK solicitor, visit MartinTaggart.com.
This information is general guidance only and not legal advice. For personalised support, please contact Martin Taggart Legal Consulting.