Before You Can Let Legally

✓ PIMS Renters’ Rights Compliant

Before you let, you must have the correct authority and the property must be compliant before it is offered or advertised. This is where many landlords get caught out, because they assume they can sort problems later. Correct practice is to check everything first.

1. Authority to let

Ownership is not always enough. Correct practice is to confirm that the landlord has the legal right to grant a tenancy before advertising.

Restrictions may arise from the mortgage, the lease, a superior landlord, a management company or a shared ownership arrangement.

Check the mortgage

Where the property is mortgaged, the landlord should check whether consent to let is required before marketing begins.

Check the lease

Where the property is leasehold, the lease should be reviewed carefully for subletting restrictions, notice requirements and any need for prior consent.

  • If the property is shared ownership, subletting may be restricted or prohibited.
  • If the landlord’s own interest is leasehold, the remaining length of lease should also be checked where it affects permissions or lender conditions.
  • If the property is owned jointly, authority to let should be clear before any tenancy is offered.
Risk: Letting without proper authority can later create disputes, lender problems, breach of lease issues and wider enforcement exposure.

→ See how this can escalate into fines and legal problems

PIMS Tip

Many landlords assume ownership automatically gives the right to let. In practice, this is one of the most common causes of later disputes. PIMS has seen repeated cases where a simple check at the start would have avoided serious problems.

Relevant PIMS links: Tenancy Lifecycle and New Landlord Check List.

2. Licensing and permissions

Some properties cannot lawfully be let without the right licence or local authority approval. Correct practice is to confirm the licensing position before the property is marketed.

Letting first and checking later creates unnecessary exposure to penalties, rent repayment consequences and enforcement problems.

  • Check whether the property requires an HMO licence.
  • Check whether the property is in a selective licensing area.
  • Check whether any additional local licensing scheme applies.
  • Where the property is leasehold, follow any consent or notice process before occupation starts.
Typical exposure: £12,000 to £30,000 plus possible Rent Repayment Orders and wider enforcement action.

→ See full licensing penalties

PIMS Tip

Licensing is one of the most heavily enforced areas. Many experienced landlords are caught out simply because schemes change locally. PIMS always recommends checking licensing at the start of every tenancy, not just once.

Related PIMS links: Sharers, HMO and Planning, Lettings Legislation Updates.

3. Property compliance before advertising

Before advertising, the property should be in a condition that reflects lawful readiness and practical manageability. This is broader than appearance. It includes repairs, safety, presentation and whether the property is genuinely ready for viewings and occupation.

  • Complete outstanding repairs that could affect suitability or tenant confidence.
  • Review cleanliness, decoration, fixtures, fittings and safety presentation before viewings.
  • Check that smoke alarms, carbon monoxide alarms where required, and key safety items are in place.
  • Make sure the property can be shown honestly and without misleading omissions.
  • Prepare an inventory approach early rather than leaving condition recording until the last minute.

Good preparation reduces disputes later because the landlord can show what was provided, what condition the property was in, and what was expected at move-in.

Correct practice: the property should be fit for purpose before it is offered to tenants, not repaired in a panic afterwards.
PIMS Tip

Many avoidable disputes begin because landlords focus on getting the advert live rather than getting the property ready. PIMS has always found that better pre-let preparation means less stress, fewer complaints and stronger outcomes later.

Related PIMS links: Inventory, Move-in Check List and EPC.

4. Documents before marketing and move-in

This is where many longer-term problems begin. If documents are wrong, missing, outdated or not properly served, what looks like a simple letting can later become a fines issue, a possession issue or a costly dispute.

Correct practice is to make sure the tenancy paperwork, sign-off process and evidence trail are ready before the property is marketed and certainly before the tenant moves in.

  • Use a tenancy agreement suitable for the current legal framework.
  • Make sure all tenants are correctly named and identified.
  • Prepare any required addendum, control sheet or written information.
  • Check the EPC is valid and available at the right stage.
  • Check the gas safety and electrical safety position is up to date where relevant.
  • Prepare deposit compliance information if a deposit will be taken.
Use Tenancy Agreement

Correct structure and wording from the outset.

Download Addendum + Control Sheet

Prove service, compliance and records.

Use Tenant Sign-Off

Individual confirmation and evidence.

Use Inventory

Condition evidence and dispute protection.

Risk: Weak documents and poor records often look harmless at the start and expensive at the end.
PIMS Tip

PIMS has produced hundreds of thousands of tenancy agreements and over one hundred thousand credit checks for members. Good landlords reduce stress because they prepare properly, adapt early and use disciplined systems before problems arise.

5. Set the rent and prepare to market

Preparation includes deciding the proposed rent, how it will be presented, when it will be paid, and how the landlord will avoid prohibited practices. This should be thought through before the property is offered to applicants.

  • Set a clear asking rent before advertising begins.
  • Make sure the advertised rent matches the intended offer position.
  • Prepare a compliant approach to rent payments and any deposit arrangements.
  • Avoid relying on bidding, pressure tactics or unclear payment demands.
  • Be ready to explain the rent payment day and the basic tenancy cost structure clearly.

This part of preparation links directly to advertising because unclear pricing and payment expectations often create avoidable disputes or poor applicant handling.

Risk: advertising and offer-stage mistakes can now directly trigger fines in the new framework.
PIMS Tip

The wrong shortcut at the marketing stage can become the first step in a much bigger problem. PIMS recommends deciding rent, paperwork and process before the advert goes live.

Related PIMS links: Advertising, Tenant Vetting and PIMS Tenancy Agreement.

6. Where landlords get caught out

Most serious problems do not start with tenants. They start with setup.

  • Assuming licensing does not apply.
  • Using outdated tenancy agreements.
  • Failing to properly serve documents.
  • Relying on informal arrangements.
  • Believing that because “nothing has gone wrong before”, nothing is wrong now.
  • Leaving checks until an applicant is ready instead of preparing early.
Risk: Small failures at the start can later trigger fines, possession failure, repayment claims and unnecessary stress.

→ See the real cost of getting this wrong

PIMS Tip

Many PIMS members have relied on us for over 15 years because they know the pattern: adapt, evolve, use the right systems and avoid unnecessary stress. The landlords who struggle most are often the ones who delay sorting out what should have been checked before the tenancy began.