When a property sells with a tenant in place, the buyer often needs vacant possession before closing. The N12 notice is the legal mechanism to achieve this — but only if it is used correctly. Here is what buyers, sellers, and their agents need to understand before anyone serves a notice.
Who Can Serve the N12 in a Sale?
In a sale situation, the N12 can be served on behalf of the purchaser — not the current landlord. The form specifically allows for the purchaser’s own use as a grounds for eviction. However, the purchaser must be a named individual, not a corporation, and they must genuinely intend to reside in the unit.
Timing the N12 to Close
The tenant gets 60 days after service and must vacate by the last day of a rental period. If you are working toward a closing date, the math needs to be done carefully. Many sales fall apart because the vendor assumed the tenant would be out in time without understanding the actual timeline.
What Happens If the Tenant Disputes
If the tenant files a dispute with the LTB, the process is paused until a hearing. In regions with long wait times, this can delay vacant possession by months — past the closing date. Buyers and vendors need to plan for this possibility in their purchase agreement.
The Bad Faith Risk After Closing
If the purchaser does not actually move into the unit, or re-rents it shortly after, the former tenant can file a bad faith application. Penalties can be as high as 12 months’ rent. This applies to the purchaser who served the notice — not the vendor.
The N11 Alternative
If the tenant is willing, a negotiated N11 — mutual agreement to end tenancy — is often faster and cleaner than an N12 in a sale context. Many landlords combine both approaches: serve the N12 while simultaneously offering a cash-for-keys deal to accelerate the timeline.
What Comes Next
Stonegate helps landlords and their realtors navigate tenanted property sales and N12 applications. Book a free call at https://calendly.com/stonegatelegalservices/20min.
▶ Watch: N12 – Landlord or Purchaser’s Own Use of Property
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