The core legal work
Your solicitor checks the title at HM Land Registry, gets a redemption figure from your current lender, confirms the new lender's conditions are met, completes the switch and registers the new charge. It is the same process set out on our remortgage solicitors page, and J Scott acts for landlords as well as homeowners.
What lenders ask about the tenancy
Buy to let offers usually include conditions about who lives in the property and on what terms. Expect to provide a copy of the current tenancy agreement and to confirm:
- the tenancy is a type the lender accepts, let to individuals rather than a company unless the lender agrees
- the property is not let to a family member, unless the lender has agreed to that
- any licence the property needs, such as an HMO licence, is in place
In England, tenancy law changed on 1 May 2026 under the Renters' Rights Act 2025: assured shorthold tenancies were replaced by assured periodic tenancies, and existing tenancies converted automatically. Some older lender conditions still refer to assured shorthold tenancies. If yours does, we raise it with the lender rather than leave it unanswered. In Wales, lettings are occupation contracts under the Renting Homes (Wales) Act 2016.
Leasehold flats: check the lease before you apply
If the property is a leasehold flat, the lease has to allow letting, and some leases require the landlord's consent to sublet or a fee for registering the new mortgage. Lenders also set a minimum unexpired lease term. A short lease can stop a remortgage outright, so check the term on your title before applying.
This affects a large share of rental stock. In the 12 months to June 2026, 30.1% of homes sold in Reading and 29.2% in Slough were leasehold, against 13.6% in Luton (J Scott Conveyancing Statistics 2026). Flat values have also lagged: the J Scott Flat Market Index 2026 found resale flats trailed houses by 12.0 percentage points in Luton and 11.6 in Milton Keynes since early 2022, which can reduce the loan a lender will offer on a flat.
Remortgaging a limited company buy to let
If the property is owned by a limited company, the company is the borrower. That adds three steps:
- Company checks. The lender wants the company's details, its directors and shareholders, and usually its articles of association.
- Personal guarantees. Most lenders ask the directors to guarantee the loan personally, and many insist each guarantor gets independent legal advice before signing. See our guide to independent legal advice on a personal guarantee.
- Companies House. The new charge must be registered at Companies House within 21 days of being created, as well as at HM Land Registry. Miss that deadline and the charge can be void against a liquidator, so lenders treat it as non-negotiable.
Moving a property from your own name into a company is not a remortgage. In law it is a sale to the company, with Stamp Duty Land Tax and possibly Capital Gains Tax. Take tax advice before you start.
Timing: let the lender see the papers early
Most of our remortgages complete in three to four weeks from instruction. Buy to let cases slip when the tenancy agreement, licence or company documents arrive late. Send them when you instruct us, alongside your ID. If your fixed rate is ending soon, our guide to remortgaging when your fixed rate ends covers the timeline.
