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.