Consent to let

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    Consent to let

    Hi all,

    My tenants moved into my property last April and sadly have always been tricky.
    Long story short the most recent problem has been my consent to let. After serving section 21 in February 2021 the tenants have gone through everything with a fine tooth comb to see if I have made a mistake somewhere (I haven’t)
    They asked to see my consent to let for the property and turns out my form never reached the bank back in the March 2020 lockdown. It’s sorted with the bank now and I was completely honest with the bank although they have no record of the form.
    So I now have consent from March 2021 but do not want to show the tenants the actual letter as they are claiming that they have been ‘unauthorised’ tenants.

    1. My mortgage payments are up to date and I now have consent to let- do the tenants have any legal
    rights that I did not have consent to let whilst they were living there??

    2. The tenants are paying no rent until I show them my consent to let. I’m pretty sure they cannot do this, but when I sent a rent arrears letter they just said they won’t pay as they don’t have evidence of consent to let and to stop harassing them for rent arrears.

    3. If they fall into enough arrears would a section 8 be worth it, or should I wait for section 21 and then claim back arrears afterwards through court?

    Many thanks in advance for any help.


    You may be in trouble with the Bank, but it has absolutely no relevance to the tenants, or their obligations.


      The tenant’s have no right to know whether you have consent to let or not, and even if you didn’t it doesn’t affect their tenancy or their obligation to pay rent.

      I’d serve notice, s21 to start with and s8 if the arrears get to 2 month’s owed.

      If this is new to you, I’d get professional help. A solicitors letter telling them they have to pay rent might be more effective than notice, if they can afford to pay it.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


        That you have no consent to let doesn't help your position. Tenant is perfectly able to write to lender and grass you up, indeed you may already be on "Hunter" system flagging up dodgy borrowers who have breached mortgage terms and find any further loans or credit agreements (eg mobile 'phone contract) or mortgage impossible or v expensive.

        Your breaching your contract over mortgage ain't best example.

        Have you check s21 against eg nearly legal section 21 checker?

        But no, s21 probably unaffected, but judges have great latitude of judgement.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


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