Memorandum of Sale Checklist

Since 1 May 2026, landlords who want to sell a tenanted property must rely on specific possession grounds under Section 8 of the Housing Act 1988. For sales agents and auctioneers, this changes how rented property is valued, marketed and sold. Sellers may still be able to sell with vacant possession, but the process is no longer as straightforward as many landlords expect.

The UK Government has set out its plans for reform, with changes aimed at making transactions faster, clearer, and more reliable. The roadmap points towards a more structured, more digital, and more accountable system which aims to reduce delays and fall-throughs. It will also place greater expectations on agents to gather, explain, share, and manage information from the start of the process.

Property auctions can offer speed, certainty and access to properties that may not be available through the traditional sales market. However, analysis of complaint data from The Property Ombudsman (TPO) shows that consumer understanding cannot be left to chance. The findings suggest that consumers are entering the process without appreciating the risks, timescales, fees, or the point at which they become legally or financially committed.