Notice Of Intent To Sell Template for England and Wales

When you're planning to sell property in England and Wales, you may need to formally notify certain parties before the property goes on the market. A Notice of Intent to Sell, sometimes written as a notice of intention to sell, is the document that does this. It records the intention to sell in writing, keeps tenants and other stakeholders informed, and protects the rights of everyone involved in the transaction.

What is a notice of intention to sell?

It is a written notice telling a defined party, most often a tenant, that a property will be put up for sale. For a landlord it works as a courtesy and, in leasehold cases, as a statutory step. The letter names the property, states clearly that the owner intends to sell, and sets out timing and any conditions. Because it is in writing, both sides keep a record of when the intention to sell was communicated.

When do you need this document?

You'll need a Notice of Intent to Sell most often when selling leasehold properties where tenants hold statutory rights, such as the right of first refusal under the Landlord and Tenant Act 1987. This applies to residential blocks where qualifying tenants must be offered the chance to buy collectively before the property is sold to a third party. You'll also use it when a lease or contract calls for advance notification, for example where a lease contains pre-emption clauses or a commercial tenant has negotiated first refusal rights. Many landlords also send one simply to keep tenants informed, avoid surprises during viewings, and reduce the risk of disputes.

How do you write a letter to a tenant about selling the property?

A clear letter to a tenant informing them of a sale should name the tenant and the full property address, state plainly that you intend to sell, and give the tenant a sense of the timeline. Explain what the sale means for the tenancy: whether the existing tenancy continues under a new owner, how viewings will be arranged, and how much notice of access the tenant will get. Confirm that their rights under the tenancy and their deposit are unaffected by the change of owner, and give a contact point for questions. Keep the tone factual and give the tenant time to respond. If the property is a leasehold flat with qualifying tenants, the letter may need to follow the formal right of first refusal procedure rather than being a simple courtesy note.

Key points to include

• Identify the property with enough detail to avoid confusion, including the full address and any relevant title numbers.
• State your intent unambiguously, expressing a firm intention to sell rather than that you are merely considering it.
• Set out the proposed timeline, since it may trigger statutory notice periods; qualifying tenants typically have a set window in which to exercise a right of first refusal.
• Make sure the notice reaches every relevant party, which may include individual tenants, recognised tenants' associations, freeholders, and anyone with a contractual right to be told.
• State the proposed sale method, whether by private treaty, auction or tender, as this can affect recipients' rights and response times.

How should the notice be served?

A property notice should be in writing and served using the methods set out in the lease or the relevant statute. For notices engaging a tenant's right of first refusal, the Landlord and Tenant Act 1987 sets out the specific information the notice must contain and the minimum notice periods to observe. Keep records of service, including the date and method of delivery, so you have proof that proper notice was given if a question ever arises. For a straightforward tenancy where you are simply telling a tenant about a sale, a dated letter sent to the property or the tenant's address on file is usually enough.

What happens after the tenant receives the notice?

Once the notice is served, the tenant reads it and the process moves in one of a few directions. Where a right of first refusal applies, qualifying tenants have a set number of months to respond and decide whether they want to buy collectively before the property goes to a third party. Where it is a courtesy note to a tenant renting under an assured shorthold tenancy, the tenancy usually continues on the same terms and conditions under the new owner, so day-to-day rental payments and the tenant's right to stay in their home are unaffected until the tenancy ends in the normal way. If you use a property management agent, keep them informed so viewings and access requests are handled consistently and nothing is skipped. Give the tenant a clear point of contact and enough notice of any viewing so the move to a sale does not disrupt their occupation.

Related documents

If you rent the property out, keep the sale notice consistent with the existing lease agreement, which sets the notice and access terms you must respect. Where the sale is preceded by heads of terms or an outline offer, a letter of intent can record the commercial points before contracts are drawn up.