This question relates to UK law.

If I have a joint mortgage with another person, is it possible to let out that property without that person's explicit consent? The specific case that I'm thinking of is where the second party no longer contributes to the mortgage, and does not live at the property. If so, would I be liable for a portion of the income?

  • who owns the property? The owner will have the right to let the property, rather than whoever the mortgagors are. – Shazamo Morebucks Aug 15 '19 at 0:42

The mortgage is not relevant in the way you think it is

What matters is who owns the property. The owner(s) of the property must agree with the tenant (or, more likely here, boarder) on the terms. The owner(s) need to agree between themselves how to split the income although for tax purposes it would generally be assessed in proportion to the owner’s shares.

Note that the mortgage may not allow tenants or boarders or may require the permission of the mortgage.

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  • In answer to who owns the property: I assume the answer is that the bank own the property, given that it's mortgaged. Does that mean that the bank must agree with the tenants? – CuriousDev Aug 15 '19 at 6:16
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    The bank does not own the property - they are the mortgagee. The owner(s) are the people whose name(s) are on the title deed. – Dale M Aug 15 '19 at 8:15
  • The technical term in England and Wales is not "boarder" but "lodger". It is common for mortgages (and leases for leasehold properties) to forbid tenants; but I have never heard of lodgers being forbidden. (This is because tenants usually have some security of tenure; lodgers can be evicted on zero notice). – Martin Bonner supports Monica Aug 15 '19 at 12:50
  • If one of the owners were to let the proprty without the permission of the other, was recourse would the second party have (assuming the title deed were in joint names)? – Paul Michaels Aug 16 '19 at 6:54
  • @PaulMichaels that sounds like a question not a comment – Dale M Aug 16 '19 at 7:30

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