Check authority to let: land searches, co-owners and delegated signatures

Identify the correct property before reading ownership

Search by complete address, lot or property reference number and verify phase, block, floor and unit before reading names. Keep the search date. Land Registry recommends an up-to-date search before dealings; a result for a similar address in the same estate is insufficient. Compare the property particulars and current-owner section directly with the proposed agreement, rather than relying on an agent's verbal summary.

Review encumbrances and pending documents as well as ownership. A mortgage, charge, court document or recent transfer requires its actual effect to be examined; do not assume every entry prohibits letting or that none matters. Ask about authority and any required consent and seek legal review where needed. A rates payer can be a tenant or agent, so the demand-note name is not ownership proof.

Trace authority for co-owners, companies and delegates

For several owners, establish who signs and how absent people authorise the transaction rather than accepting a relative's assertion. For company ownership, match the company name with the signer's capacity and authority; a company chop or business card alone does not resolve every authority issue. Record the actual lessor in the agreement so the party does not change after you have paid.

For subletting, obtain the relevant head-lease details, permitted subletting, remaining term and consent. EAA tenancy guidance addresses the principal tenancy information and lets you identify unanswered questions with the agent. Check the payment recipient and delegated collection authority separately. Ownership, authority to let and authority to receive money are connected checks, but passing one does not automatically complete the others.

Record unresolved items before committing money

1. Request the agent's current search and identity checks, or use the official search service for a direct letting. List mismatched names, addresses and document dates and obtain the underlying explanation before choosing a payment arrangement.
2. Check whether delegation, subletting or company documents cover this unit, lease and collection of money, rather than only whether a signature appears. Save the version and provider, and have an appropriate professional examine unresolved authority questions.
3. Carry verified names into the agreement and payment instructions and request receipts identifying rent or deposit. If the destination changes unexpectedly, reconfirm through the verified lessor's channel rather than replying only to the new message.

Example: a Sha Tin flat with two registered owners

Ching's search shows two owners, while the person conducting the viewing offers only one owner's identity-card photograph. She asks the agent to explain signatures and authority and checks the payee at the same time. Keys and an old rates demand do not answer the absent-owner question. She records it as unresolved and proceeds only after the signing and payment arrangements are clear.

If the issue appears after payment, retain the search, agreement, listing, messages and payment record and ask the lessor and agent specific questions. EAA can address relevant agent-conduct concerns; lease validity and recovery require the actual documents to be assessed. A search supplies records, not a guarantee that the lease is valid or the payment recoverable.