Buy to Let - Coutts & Co Conveyancing Requirements for Properties Let at Completion

Coutts & Co legal requirements are set out in Part 1 of the CML Handbook which provides that unless it is clear from the mortgage offer that the property is tenanted or is to be let at completion then you must check with Coutts & Co as to whether Coutts & Co lend on "buy-to-let" properties and that the mortgage is for that purpose.

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Last updated on 03/06/2025 Section Two of the UK Finance Lenders’ Handbook for Coutts & Co deals with who you need to contact If different from section 1.11, i.e the contact point if property is let or to be let. It also deals with whether Coutts & Co lend on buy-to-let

See 1.11. See also our 'Separate Instructions'.

If the premises, or part of it, is already let, or is to be let at completion, then the letting must comply with the details set out in the Coutts & Co mortgage offer or any consent to let Coutts & Co issue. If the letting fails to comply, or no such details are specified, you must disclose the position to Coutts & Co

Part 2 of the UK Finance Lenders’ Handbook for Coutts & Co specifies who you must contact If different from 1.11, i.e the contact point when you do not have details of current letting or letting to take place at completion:

See 1.11

Firms authorised on the Coutts & Co conveyancing panel,when it comes to buy to let properties need to check Part 2 of the UK Finance Lenders’ Handbook as to whether counterparts or certified copies of all tenancy agreements and leases in respect of existing tenancies must be sent to Coutts & Co after completion

In addressing the question whether the bank requires a certified copy letting agreement to be sent Coutts & Co specifically states:

No, not required for properties let under a standard Assured Shorthold Tenancy.

For non-assured tenancies, we will require a copy of the agreement to be sent to us.
In such cases you must confirm that the tenancy agreement meets the following requirements:
1. The tenant must not use the property for business or create any business tenancy.

2. There must be no security of tenure afforded to the occupier or tenant.

3. The agreement recognises the existence of a mortgage and the potential for the mortgagee`s right to repossess.

4. The tenancy is no more than 3 years in duration and includes a break clause allowing the lender to end the tenancy agreement early, in the event of repossession.

5. The agreement must contain no other provisions which adversely affect the lender`s security or its right to enforce its remedies under the mortgage deed executed by the borrower.

The information contained within this webpage is for general information purposes only for lawyers in England and Wales, it does not constitute advice and you should always check the UK Finance Lenders’ Handbook for Coutts & Co Buy to Let requirements as well as the mortgage offer. Whilst we endeavour to keep the information up to date and correct but does not make any representation or warranties of any kind about its completeness, accuracy, reliability or suitability. Any reliance you place on the information is strictly at your own risk. Lexsure will not be liable for any direct or indirect loss or damage arising out of or in connection with the use of this information. The same caveat applies to members of the public looking at this page. If you wish to find a buy to let conveyancing specialist on the Coutts & Co panel or a buy to let mortgage broker click here.