Yes. In most cases you need your existing mortgage lender’s consent before a second charge goes on your property. Two things trigger the requirement: the terms of your mortgage, and a restriction on your title at Land Registry. Some lenders say no. Expert Mortgage Brokers in Limehouse, East London arranges second charge bridging loans, and we check for a consent requirement at the start of every case.
Why does a first lender have to agree to a second charge?
A first lender has to agree because a second charge puts another lender’s claim on the same property. If the property is sold, the first lender is paid first, and a second charge cuts into the equity it relies on.
The requirement comes from two places. First, mortgage terms and conditions often require the lender’s permission before you borrow against the property again. Second, the title register can carry a restriction that blocks a new charge unless the first lender consents. Land Registry publishes form RXC for this situation. You use it when a restriction on the register requires a consent or certificate.
When a restriction sits on your title, the second charge cannot be registered until the first lender signs off.
What is a deed of priority and when do you need one?
A deed of priority is a document where your first lender agrees how any further lending ranks against the second charge. You need one when your first lender can still lend you more money on that mortgage.
Without it, a further advance from the first lender can rank ahead of the new loan. Lenders often deal with consent and a deed of priority in the same request, so the two usually travel together.
How long does consent take?
Consent takes as long as your first lender takes, and nobody else can speed it up. The bridging lender’s solicitor needs the consent to register the second charge, so a slow reply holds up registration and can hold up completion.
You can cut the delay:
- Ask your first lender on day one, not at the end.
- Check your mortgage paperwork for a consent clause.
- Have your account details ready.
- Expect some lenders to want a call with you before they confirm.
What happens if your lender refuses consent?
A refusal closes the second charge route on that property. A broker writing in Mortgage Solutions said it plainly: first charge holders have to consent, and some won’t.
Four options remain:
- Remortgage, so one lender holds the whole debt. Our guide to second charge bridging vs remortgage shows how to compare the cost.
- Ask your first lender for a further advance.
- Offer a different property as security.
- Use another type of finance.
Can a second charge loan complete before consent arrives?
Sometimes. Trade press reported an auction case where the legal teams completed with a UN1 entry before the first lender’s consent arrived, then perfected the second charge once it came through. A UN1 is the Land Registry form for a unilateral notice, which protects a claimed interest on the title.
Treat it as a legal workaround, not a plan. It needs the bridging lender’s agreement and a solicitor who has done it before. The first lender’s consent is still required to finish the job.
How does Expert Mortgage Brokers handle second charge consent?
Expert Mortgage Brokers in Limehouse, East London arranges second charge bridging loans for clients across Tower Hamlets, Newham and the UK. We check your mortgage terms and your title for a consent requirement at the start of the case, before you spend on valuation and legal work.
Speak to Jahed Mirza, CeMAP, on 020 7183 1119 or book a free consultation.
Frequently asked questions
Do I need my mortgage lender’s permission to take a second charge?
Yes, in most cases. Your mortgage terms or a restriction on the title usually require the first lender’s consent before the second charge is registered.
Can my lender refuse a second charge?
Yes. First lenders can say no, and some do. A refusal closes the second charge route on that property.
How long does it take to get consent for a second charge?
The first lender controls the timeline. Ask on day one, because a slow reply can hold up completion.
What is a deed of priority?
A deed of priority is a document where your first lender agrees how further lending ranks against the second charge. It is needed when the first lender can still lend you more on that mortgage.
Do I need consent for a second charge on a buy to let property?
Yes, where the mortgage terms or the title require it. The same rules apply to investment properties.
This guide is general information, not personal advice or legal advice. Speak to a solicitor about your title. A bridging loan is secured on property, which can be repossessed if the loan is not repaid. Expert Mortgage Brokers is a trading name of LQ Property Finance Ltd, authorised and regulated by the Financial Conduct Authority (FCA Ref: 758816). Registered in England and Wales. Registered office: 162 Goodmayes Lane, Ilford, IG3 9PR. Trading address: 558 Commercial Road, Limehouse, London E14 7JD.
Sources: Land Registry form RXC | Estates Gazette on UN1 notices | Mortgage Professional on second charge lending | Mortgage Solutions | Bridging & Commercial