Landlord’s consent

  • If your contract allows you to do something with the landlord’s consent, the landlord can’t refuse without a good reason
  • There are rules about the procedure you and the landlord should follow when you ask for the landlord’s consent
  • You can ask the court to decide if you think that the landlord’s decision is unreasonable

Some  contract terms allow you to do something with the agreement of your landlord. This is referred to as ‘landlord’s consent’. For example, your contract might say you’re allowed to sublet a room, but only if your landlord gives consent. 

Some terms requiring consent are fundamental terms, such as your right to add a joint contract-holder. This means that your landlord can’t change this term or leave it out of contract without your agreement and unless it puts you in a better position.

How do I ask for my landlord’s consent? 

There is a special procedure you should follow to ask for consent: 

Step 1: Written request 

Make a written request to landlord. Provide as much information as you can to support your request. 

Step 2: Giving further information 

Your landlord has 14 days to ask for any further information that might help them make a decision about your request.  

Step 3: Decision 

Your landlord has 1 month from the date of your written request to give or refuse their consent.

If your landlord asked for further information then they must give or refuse consent on the day you provide the information.  

You should be informed of the landlord’s decision in writing. If you don’t receive the decision in writing then consent is given by default. 

Consent with conditions 

If your landlord agrees to your request but with conditions, the conditions must be put in writing when you are informed of the decision. If you are not informed of the conditions in writing then consent is given without conditions by default.  

Written statement of reasons 

If your landlord refuses to give consent or only agrees with conditions, you can ask the landlord to give you the reasons for their decision in writing. This must be given within 1 month of you asking. 

My landlord has refused my request. Is this fair? 

Your landlord is not allowed to refuse consent without a good reason. They also shouldn’t say they will only give consent upon conditions if those conditions are unreasonable. 

If your landlord has refused to give consent, or placed unreasonable conditions on giving consent, you can apply to the county court to decide whether your request should be allowed.  

Going to court can be costly and complicated, so it is always a good idea to get help if you are considering it. 

What can my landlord take into account? 

There are a number of things your landlord can take into account when deciding whether to give consent. These include: 

  • whether notice has been given to end the contract 
  • the size and suitability of the property 
  • whether the property would be overcrowded  
  • the financial implications for themselves, you and other contract-holders 
  • whether you provided the information they asked for  

I want to add a joint contract-holder. 

Your contract should give you the right to add a joint contract-holder with the landlord’s consent. This is a fundamental term of all occupation contracts. If you have asked to add someone as a joint contract-holder, your landlord can take in to account: 

  • whether you’ve breached any contract terms
  • whether the proposed joint contract-holder is suitable 
  • the nature of your relationship to the proposed joint contract-holder 
  • who could be entitled to take over the contract if consent is given 

This is not a full list of things your landlord can take into account. However, your landlord cannot refuse consent without a good reason. If you are unsure, get help.

I want to transfer my occupation contract to a potential successor.  

If you have a secure contract you have the right to transfer your contract to someone who could take over your contract if you died a (‘potential successor’). This is a fundamental term of secure contracts but can only be done with the landlord’s consent. Your landlord can take into account: 

  • whether you have breached any contract terms  
  • who would be entitled to take over the contract in the future 
  • how long the contract could continue.  

This is not a full list of things your landlord can consider. Your landlord cannot refuse consent without a good reason. If you are unsure, get help. 

 

I want to swap my home with another secure contract-holder 

If you are a secure contract-holder it is a fundamental term of your contract that you can swap your home with another secure contract-holder with your landlord’s consent. This is called ‘mutual exchange’ or a ‘homeswap’. For more information about mutual exchange see here 

Your landlord can take into account: 

  • if the property is the right size for the needs of the household you want to swap with
  • if the property is suitable for the household you want to swap with (e.g. for the mobility needs of people in that household) 
  • if you are in breach of your contract 

This is not a full list of things your landlord can consider. Your landlord cannot refuse consent without a good reason. Mutual exchanges will also depend on the decision-making process of other landlords involved. If you are unsure, get help.  

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Rydym yn ymddiheuro na fedrwn ddarparu’r wybodaeth yma yn Gymraeg, ond os hoffech siarad ag ymgynghorydd yn Gymraeg yna cysylltwch ar 08000 495 495.
We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 08000 495 495.

This page was last updated on: Mehefin 1, 2023

Shelter Cymru acknowledges the support of Shelter in allowing us to adapt their content. The information contained on this site is updated and maintained by Shelter Cymru and only gives general guidance on the law in Wales. It should not be regarded or relied upon as a complete or authoritative statement of the law.