The Accommodation Agencies Act 1953

The Accomodation Agencies Act 1953

The Accommodation Agencies Act 1953 is a very short, but long standing, piece of legislation which has limited modern application.

It prohibits an agent from advertising a property to rent, without the express consent and instructions from a landlord client. It also prohibits certain specific practices by agents, such as charging members of the public for giving them a list of properties available to rent. Such a list must be supplied to members of the public without charge.

Obtaining consent to let a property

Before letting a property, landlords must obtain permission, as applicable, from:

  • Any bank, building society or lender whose loan or mortgage is secured against the property. If the landlord has not obtained consent from his lender the tenancy is deemed an unlawful tenancy which gives the lender an automatic right to take possession of the property.
  • In respect of leasehold properties, the head landlord, (the terms and conditions of the long leasehold will almost certainly require that permission is sought before letting).
  • Any housing association or other body which has regulations applying to the property, for example in the case of shared ownership or local housing authority property.
  • Any adult who has been living in the property with the landlord as husband, wife or partner who may have occupancy rights.
  • The landlord's insurance company who must confirm that cover will be maintained if the property is let. In particular it is important that the public liability element covers any loss or injury occurring at the property, which might be sustained by the tenant or visitors during the tenancy, for which the landlord could be liable.  

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