The lease goes on, and so does the countdown: from 2028, a home rated F can no longer be re-let.
Your flat or house is let, and the energy certificate shows F. From 1 January 2028, this home can no longer be let under a new lease or a renewal. Many owners choose to sell. The good news: the law does not require you to wait for the tenant to leave. You still need to know the rules, and to sell to the right buyer.
What changes on 1 January 2028
Since the 2021 Climate and Resilience Act, energy performance has been one of the criteria for decent housing. Homes rated G can no longer be offered for rent since 1 January 2025. On 1 January 2028, it will be the turn of homes rated F in mainland France, then E in 2034.
The rule covers new leases, renewals and tacit renewals. A current lease is not terminated on 1 January 2028: it runs to its end. But when it expires, if the home is still rated F, it will no longer meet the decent housing criteria: the lease can neither be renewed nor tacitly extended as it stands. Another constraint, in force since August 2022 for leases signed or renewed since then: the rent of a home rated F or G can no longer be increased, whether through the annual review, at renewal or between two tenants.
As of 22 October 2026, the timetable has not changed. The housing recovery bill, adopted by the Senate on 8 July 2026, would allow an F- or G-rated home to continue being let if a works contract is signed before 2030, with three years to carry them out (five years in a co-ownership). The National Assembly has not yet debated it in plenary: none of this is in force.
Selling with the tenant: what the law says
Selling a let home is always possible, at any time. The lease passes to the buyer, who becomes the new landlord on the same terms: same rent, same end date, same deposit. The tenant does not have to give their consent and cannot oppose the sale. Nor do they have a right of first refusal in this case: that right only exists when the owner gives them notice in order to sell the home vacant.
For the buyer, the rule is strict: if they want to take the home back, they can only give notice when the lease expires. And if that falls less than three years after their purchase, a notice to sell only takes effect at the end of the first renewal. That is why an occupied home sells to investors, almost never to buyers who want to live in it.
An occupied home sells to investors, almost never to buyers who want to live in it.
Three ways to go about it
The tenant stays, the rent keeps coming in until the sale. Buyers: investors, who price in the discount and the works.
Unfurnished let: notice six months before the lease ends, the tenant has first refusal to buy. Furnished let: three months, with no right of first refusal.
Insulation, heating, windows: the home remains lettable or sells for more, but you have to fund the outlay and coordinate the works with the tenant.
Notice to sell has its pitfalls. It must be sent to everyone who signed the lease, by registered letter, by a judicial officer's deed or by hand delivery against a receipt; a simple email counts for nothing. A tenant over 65 on a modest income is protected: the owner must then offer them alternative housing.
What selling occupied costs
An occupied home generally sells for less than the same home vacant. There is no official scale: according to professionals, the gap is most often 5 to 20%, depending on the remaining lease term, the level of the rent and the tenant's profile. A rent at market level and a tenant who pays regularly narrow the gap. The rating matters too: according to notaries, in 2024 a house rated F sold on average 18% cheaper than a comparable house rated D.
Example with figures: sell occupied or wait for the lease to end
A fictitious case. A flat rated F, let unfurnished for €650 a month, valued at €160,000 vacant. The lease ends in twenty months.
| Estimated vacant price | €160,000 |
| Occupancy discount applied (10%) | − €16,000 |
| Rent collected while waiting for the end of the lease (20 months, excluding service charges) | €13,000 |
| Property tax, non-recoverable charges, risk of vacancy after the tenant leaves | to be deducted |
| Real gap between the two options | a few thousand euros |
The headline gap of €16,000 melts away once rent and time are taken into account. Conversely, a lease that has just been renewed deepens the discount.
The documents to prepare
- The lease and its amendments, the check-in inventory and the rent history: the investor reasons in terms of yield.
- The energy performance certificate, required from the listing onwards. For a house or an entire building rated E, F or G, an energy audit must also be given to the buyer.
- Quotes for works to reach E or D: they turn a worry into a costed budget.
- A word to the tenant: the law does not require it, but an informed tenant makes viewings easier, and these can only take place with their agreement on days and times.
For an electrically heated home, also check the rating: the energy certificate calculation changes again on 1 January 2027 and some homes rated F will move to E without any work.
Our approach
We work with investors who buy occupied homes and energy-inefficient properties to renovate, knowing exactly what they are taking on. We start from the lease, the rent and the works needed to set a defensible price, then present the property to those for whom it is an opportunity. For an entire building, see also our dedicated page and our article on selling a building flat by flat or as a whole. If the listing finds no taker, it is often for the same reasons as an unsold house. Tell us about your property.
Frequently asked questions
Can a let home be sold without the tenant's consent?
Yes. The lease passes to the buyer on the same terms. The tenant only has to allow viewings, on days and at times agreed with them.
Does the tenant have first refusal to buy?
Only if the owner gives them notice in order to sell a home let unfurnished: the notice then counts as an offer to sell. When the home is sold occupied, or if it is furnished, they have no right of first refusal.
Will my tenant have to leave on 1 January 2028?
No. The current lease runs to its end. It is the renewal or a new lease that will become impossible if the home is still rated F.
Can the rent be increased before selling to boost the value?
No. Since August 2022, the rent of a home rated F or G cannot be increased, whether through the annual review or at renewal.
Is the energy audit compulsory for a flat?
No. It applies to the sale of a house or a building owned by a single owner and rated E, F or G. For a flat in a co-ownership, the energy performance certificate is enough.
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