Before Commencement

Permission to Let

The three required permissions are:-

  • If a leasehold property, read the lease – it might not allow permission to let.
    May have to obtain the permission of freeholder.
  • Inform any joint owners – be careful if the property has been inherited by more than one person, and only one decides to let it without informing the others.
  • Inform the Mortgage Company – might be an offence (depending on the T&C’s in the mortgage)

It is critical to ensure all permissions are obtained, especially if applying for a licence.

Management Options

If a landlord doesn’t want to self-manage they can use an agent.

If using an agent, it is critical to ensure:-

  • It is clear who does what. There is nothing worse than the tenant not being able to get something done because each side is assuming the other side is doing it.
  • There is a proper contract between the agent and the owner.
  • The agent:-
    • belongs to a Property Redress Scheme (legal requirement)
    • has Client Money Protection Insurance (legal requirement)
    • belongs to a Trade Body, such as ARLA (highly recommended, but not a legal requirement yet)

Whilst many landlords don’t believe they need the services of an agent, it is important to consider what would happen if the landlord was unavailable (holiday, sickness).  It is unacceptable that the tenant has to wait to get a problem fixed, especially if the landlord is on holiday for a couple of weeks.

Also, be aware that the landlord and the agent are subject to the Tenant Fee Act forbidding the charging of certain fees.

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