Why Consent Is Required
Your mortgage conditions almost certainly include a clause prohibiting you from placing any further charges on your property without the written consent of your lender. This is a standard term designed to protect the lender's security position. Breaching this term without consent would technically constitute a breach of your mortgage contract, so obtaining formal permission is not optional — it is a legal requirement.
The first lender's consent also establishes the priority order between the two charges. In standard circumstances, the first charge retains absolute priority — meaning that if the property were ever sold to recover debts, the first mortgage lender would be repaid in full before the secured loan lender receives anything. The consent letter or deed of priority formally confirms this hierarchy.
Responsibility for obtaining consent typically sits with the secured loan lender's solicitor or your own solicitor, rather than with you personally. Your broker will confirm who is managing this step and will chase on your behalf if there are delays. You should not contact your first lender directly unless advised to do so, as inconsistent communication can slow the process.
How the Consent Process Works
Once a formal mortgage offer has been issued by the secured loan lender, the solicitor writes to your existing mortgage lender requesting consent to the second charge. The letter sets out the details of the new loan — the lender, the amount, the term, and the proposed charge registration. Some first lenders use a standard consent form; others process the request through their mortgage operations team.
Most mainstream first charge lenders — including Halifax, Nationwide, NatWest, Barclays, HSBC, Lloyds, and Santander — grant consent as a matter of course, provided the combined LTV remains within reasonable limits and there are no existing arrears or payment difficulties on the account. These lenders typically process consent requests in five to fifteen working days.
You will receive a letter of consent (sometimes called a deed of priority) once approved. This document is provided to the secured loan lender and their solicitor to confirm that registration of the second charge may proceed. The secured loan cannot complete until this letter is received and reviewed by the solicitor.
