The consents required to rent out a house or flat will depend on what type of property it is and under what terms the ownership is held:
Freehold:
Always check your lease as even though you own the freehold
to your property there may be a clause that forbids the
renting out of the property. Many freeholds for example
forbid the right to use the premises as a business.
Pay
attention to details. Consult your lease and see if there
is any clause that states that you need to have the agreement
of the freeholder before you can rent out your property.
Some freeholders will insist that they see the references
and even meet the prospective tenants prior to the let being
allowed to go ahead. Your lease may have clauses in it which
will inflict obligations on the tenant. Noise levels etc
so it is advisable to attach a copy of the head lease to
your tenancy agreement and get the tenant to sign the agreement
on the understanding that they have seen and read the said
head lease.
You
must seek the approval of your mortgage company to let out
your property. Failure to do so can lead to you being in
breach of contract. They will normally say yes as long as
you pay a small fee for their “administration”
work. It has been known for a mortgage company to raise
the rate of interest on a loan because they see it as a
commercial venture. When this occurred we argued on behalf
of our landlord that he had to rent out the property as
it was too small for his requirements and he did not need
to sell it. Another good way around this is to say that
you are moving jobs and will not be living in the area anymore
but want to hang onto the property. Make sure you inform
them of any renewals that you may negotiate – they
will undoubtedly charge another fee – but at least
you have told them.
You
must obtain permission from both the providers of your contents
insurance and your buildings insurance when you rent out your
property. They may try and raise your premiums, but there are
many providers out there who will provide you with an excellent
deal – such as the one on our web site. All insurance policies
should include third party cover. This is required in case the
tenant injures himself in your property – if this is the
case and you have the insurance in place then the insurer should
pay, as long as you have sort consent from them.
Legal update: 16 October 2026
The guidance on seeking permission to let still needs to be checked against the particular mortgage, title, lease and insurance policy. Landlords in England must also meet current rules on safety, deposits and right-to-rent checks. The earlier examples of insurance cover are not guarantees.
Check landlords’ current responsibilities. Update by Simon Burrage.