Consent to Let

Angelicdevil

Hi All,

I was wondering if someone with much better knowledge than me can clarify something please?

If a Landlord uses a letting agent to manage their rental property, would the title deed information on the land registry still show the registered owner address as the actual rental property address?

I was of the understanding that the registered owners address should be different if the property was being let out and the landlord didn't live there?

Many thanks

AD

Land_Registry

We will put the address on the register that we are given at the time of the registration of the owner. There is no requirement that the address on the register should be different in the circumstances you mention, but we do advise most strongly that addresses given should be those where the owners can actually be reached. If this isn't done there is a risk that the owner may not receive any official notices or other correspondence that we need to send them. Owners can put as many as three addresses on the register if they wish.

honey1

Most sensible landlords will give the Land Registry their actual address so as to be sure to receice any correspondance from the LR. However there is no legal requirement for this.

Many 'accidental' landlords, who let out their former homes perhas because they move for work and are unable to sell, will undertake varying degrees of the recomended, or legally required, actions (changing to LLs insurance; getting a gas safety certificate; informing their mortgage lender; etc).

Advising the LR of their mew address is often very low down on this list and is omitted. Usually this is just an oversight rather than anything sinister, though it may indicate that the LL is omiting other, more important, aspects of running a letting.

franklee

Angelicdevil, perhaps if you say why you are asking you may get more help?

The landlord's address at the land registry being the rental property would indicate to me there is a good chance the landlord used to reside at the property.

If he purchased to let then I'd expect him to follow the advice of putting down an address(es) where he can be reached. The tenant's address isn't great for that if the tenant is committing fraud, like trying to sell the property, or simply isn't reliable about forwarding letters to the landlord. As a tenant I would not forward a landlord's letters in any case as why should the landlord operate from the tenant's home?

Whereas if he used to live there it would have been natural to put that address down and then forget to update it when he moved out. Happens a lot with "accidental" landlords, e.g. someone who didn't plan to become a landlord but was unable to sell so let instead and who would have started out with a residential mortgage rather than a buy to let one. Thus he would need consent to let if he wanted to let using the existing mortgage.

The upshot is I would suggest a tenant write to the address for serving of notices (usually found in the tenancy agreement and probably the agent's address if they are managing the let) and ask if consent to let has been obtained from the landlord's lender and what proof they saw of it. The land registry entry will show who the lender is. Or it may show there isn't one if there is no mortgage in which case no problem over consent.

A tenant should keep an eye out for letters addressed to the landlord that look like they come from the lender. I'd mark them not living at this address, return to sender and pop them back in the post. A tenant worried about the landlord getting repossessed when they may be an unauthorised tenant can write to the lender to let them know they are the tenant. More here:
http://england.shelter.org.uk/get_advice/repossession/repossession_by_a_landlords_lender
Guidance to the Mortgage Repossessions (Protection of Tenants etc) Act 2010
http://www.communities.gov.uk/publications/housing/mortgagerepossessionguidance

The tenant should also open and read carefully all letters addressed to the occupier as if the landlord gets into financial difficulties with his mortgage that's how the occupier will be notified. These letters are not junk mail!

Fire_Fox

Never occurred to me to change my address with the Land Registry! Sounds like an effort/ secure http://www.landregistry.gov.uk/public/guides/public-guide-2

I don't know where I am registered, I wasn't living here but my solicitors decided to post the deeds here .... by regular not recorded mail .... the postman then decided to leave them on the step. :eek:

franklee

Fire Fox, I think you should update so as to guard against fraud, the land registry has a page on fraud linked to from the Why do you need an address for service? bit of the page you linked to. Also updating the address is free but they do ask for id (as you would expect). Thing is with transient lifestyles of today we all have to consider these things as although the chances of it happening to any one person are low the consequences can be costly. I'm surprised landlord's associations don't remind landlord to update, or do they?

Fire_Fox

franklee wrote: »

Fire Fox, I think you should update so as to guard against fraud, the land registry has a page on fraud linked to from the Why do you need an address for service? bit of the page you linked to. Also updating the address is free but they do ask for id (as you would expect). Thing is with transient lifestyles of today we all have to consider these things as although the chances of it happening to any one person are low the consequences can be costly. I'm surprised landlord's associations don't remind landlord to update, or do they?

Agree completely I should update or at least clarify. I was a landlady at the start but have lived in the flat myself for several years which is the reverse of the norm! The flat itself is where the deeds were posted to - 'here' - I happened to be visiting that week or they'd have sat in a communal corridor until stolen or disposed of. :eek:

Land_Registry

Just to endorse what franklee has said. Keeping addresses for service up to date is very important in helping to prevent fraud. Landlords who do not live at their properties can be particularly vulnerable and there have been several cases where frauds have been successfully perpetrated because addresses were not up to date and Land Registry correspondence was not received or even intercepted by the fraudsters. As well as keeping addresses up to date, or having more than one service address on the register, owners who do not live at their properties can apply to have a restriction registered on their title. There is no charge for this service. Details are on our website here: http://www.landregistry.gov.uk/public/property-fraud