Lasting powers of attorney · For landlords
If you could not sign tomorrow, who would?
Say a landlord loses mental capacity without a lasting power of attorney. They cannot collect rent, renew a tenancy or pay the mortgage, and nobody else can do it for them. Not a spouse. Not a business partner. A will plans for death. An LPA plans for incapacity, and it must be made in advance.
A property and financial affairs LPA is £550+ VAT and takes around 8 to 10 weeks to register.
Written by Aaron Johnson, Consultant Solicitor and TEP. Reviewed September 2026. The LPA service and its fees.
Guide · LPA for landlordsReviewed
Chapter
01
Wednesday morning. Six rental properties. One stroke.
Picture a landlord of fifty-eight in Bridlington with six rental properties and a mortgage on three of them. He has a stroke on a Wednesday morning. He survives, but cannot make decisions for himself for an indefinite period. He never made an LPA. This is what happens next.
- 01
Nobody can sign on his behalf
Not his wife, not his adult children, not his accountant. England and Wales gives no automatic authority to family over a relative’s finances, not even a spouse. The bank cannot release funds. Tenancy renewals go unsigned. The letting agent cannot get instructions.
- 02
The Court of Protection takes over
Someone, usually the spouse, must apply to the Court of Protection to be appointed his deputy. The application takes months, not weeks, and carries a court fee, legal fees and an annual supervision fee. The court, not the family, chooses the deputy and decides what powers they have.
- 03
Tenants leave, properties sit empty
During the wait the lettings business stops. Ending tenancies cannot be renewed. New tenants cannot be signed up. Repairs go unordered. Empty properties stay empty.
- 04
Mortgage payments still leave the account
The lender does not pause because you are ill. If rent falls while the portfolio is frozen, arrears can build. Lender goodwill runs out. In the worst case, repossession proceedings start before a deputy has been appointed.
- 05
The family loses its privacy
Court of Protection applications, and the decisions that follow, are formal, supervised proceedings. Adult children may disagree, or a new spouse may clash with children from an earlier marriage. Those disputes then play out in the proceedings, not around the kitchen table.
- 06
The personal cost is real
On top of a frozen portfolio, the family is dealing with a serious illness, hospital decisions and care planning. The legal tangle adds strain at the worst possible moment.
Chapter
02
The three documents to consider.
An LPA is not one document. In England and Wales it is two separate lasting powers of attorney. A third arrangement is needed if you own property through a limited company. Each does a different job.
LPA one
Property and financial affairs LPA
The document that protects the portfolio. Your attorneys can collect rent, sign tenancy agreements, instruct repairs and pay the mortgages. They can deal with HMRC and your tax returns, and sell or refinance if they must. Without it, the portfolio freezes.
£550+ VAT(£660 inc. VAT)
Highest priority for a landlord. Set this up first.
LPA two
Health and welfare LPA
A separate document for personal welfare: where you receive care, which treatments you accept, who can visit. It can only be used once you have lost capacity. The financial LPA can be used earlier if you choose. It does not touch the portfolio. It protects you.
Many landlords make both together. Same meeting, one fixed fee: £800 + VAT for one person.
If you own through a company
Articles and shareholder agreement review
A financial LPA covers your personal affairs, including your shares. The company itself needs its own provisions for a director losing capacity. Aaron commonly reviews and updates the articles and any shareholder agreement alongside the LPA. It lets the company keep operating.
Matters most if you are the sole director. Cheaper to prepare than to fix afterwards. Quoted as a fixed fee.
Chapter
03
What happens, in order.
From the first call to a registered LPA sitting in a drawer.
A 15-minute call
What you own, how it is held, personally or through a company, and who you would trust to run it. Aaron says plainly if you do not need him.
Choose your attorneys
One or several, acting together or independently. Often a spouse plus an adult child or a business partner as a back-up, in case the first attorney is unavailable or has lost capacity too.
Draft and sign
1 to 2 weeksAaron drafts both LPAs, with any guidance you want your attorneys to follow, and acts as certificate provider. The forms are signed in the right order, which matters.
Register with the Office of the Public Guardian
around 8 to 10 weeksAaron submits the LPAs for registration. The registration fee is £92 per LPA, paid to the OPG, reduced or waived on a low income. Nothing can be used until registration is complete.
Ready in the drawer
Registered, the LPA does nothing until it is needed. If it is never needed, that is the best outcome. If it is, your attorney can act on day one.
Chapter
04
Prepared in advance, or sorted out afterwards.
The figures on the left are fixed fees from the fees page, with VAT. The right-hand column has no figure because the Court of Protection route is not a fixed cost: it is court fees, legal fees, a supervision fee and months of waiting.
Prepared in advance
- Property and financial affairs LPA
- £550+ VAT
- Both LPAs, one person
- £800+ VAT
- Both LPAs, a couple
- £1,400+ VAT
- Done with a will
- £150 off the fee, once
- Your wills cost £150 less when your powers of attorney are done at the same time, because the meetings, identity checks and signing happen once.
- OPG registration fee, per LPA
- £92
- Paid to the Office of the Public Guardian. Reduced or waived on a low income.
- Ready to use
- around 8 to 10 weeks
- Drafting and signing, then registration. Then your attorney can act from the day you cannot.
A portfolio often puts a landlord’s estate above the inheritance tax allowances. Where the LPAs are done with a will and the estate is near or above the allowances, Aaron adds the inheritance tax check and will structure, £450+ VAT. Where you want him to work with your accountant, or there is a business or farm, the item is planning with your advisers, £750+ VAT. One level per plan, never both.
Sorted out afterwards
- A Court of Protection application, with its own fee, plus legal fees to prepare it
- Months while the application is processed
- The portfolio frozen meanwhile: empty properties, missed rent, possible mortgage arrears
- The court chooses the deputy, and decides what powers they have
- An annual supervision fee, annual reports and restricted powers once a deputy is appointed
Taken together these usually cost more than putting an LPA in place, and the wait is measured in months, not weeks. Every situation is different; Aaron gives a written fixed-fee quote before any work starts.
Chapter
05
How a landlord LPA works.
A lasting power of attorney is a legal document. You sign it while you still have the mental capacity to do so. It names one or more people, your attorneys, to make decisions on your behalf. They step in if a future event leaves you unable to make them yourself.
The word that matters is future. An LPA is preparation, not reaction. Once capacity is lost the door closes: an LPA cannot be signed after the fact. Then the Court of Protection becomes the only route, with all the cost, delay and formality that involves.
For a landlord, the property and financial affairs LPA is the document that does the work. Drafted properly, it gives your attorneys authority to do everything you would normally do in running the portfolio. They can collect rent, sign tenancy renewals, instruct repairs and pay the mortgages. They can deal with HMRC and the tax returns, instruct the accountant, and sell or refinance if they must. The same document can carry guidance for your attorneys, in your own words. You might ask them to consult your accountant before any sale, or to keep the current managing agent. You might also ask them to refer big decisions to your adult children. Your wishes then carry through into the day-to-day decisions when you cannot state them yourself.
After signing, the Office of the Public Guardian registers the LPA, which currently takes around 8 to 10 weeks. Once registered it sits in a drawer doing nothing, ready the moment it is needed. If it is never needed, that is the best outcome. If it is, it is ready on day one rather than after months in court.
This page is general information, not advice on your situation. The right structure depends on your family, the size and ownership of the portfolio, and the planning already in place. The 15-minute call is where Aaron works out what would help, and says so if nothing would.
Written by Aaron Johnson, Consultant Solicitor and TEP · Law of England and Wales as at September 2026 · Ends
Chapter
06
The questions landlords ask, and the downloads.
Every answer is general information. Aaron applies it to your facts on the call.
What is a lasting power of attorney?
A legal document you sign while you still have the mental capacity to do so. It names one or more people, your attorneys, to make decisions for you. They act if a stroke, an accident, dementia or another illness leaves you unable to make them yourself. There are two kinds in England and Wales. A property and financial affairs LPA lets your attorney run your bank accounts, sign tenancies and deal with HMRC. A health and welfare LPA covers medical treatment and care. For a landlord, the first protects the portfolio and the second protects you. Many landlords make both.
What is a lasting power of attorney?
A legal document you sign while you still have the mental capacity to do so. It names one or more people, your attorneys, to make decisions for you. They act if a stroke, an accident, dementia or another illness leaves you unable to make them yourself. There are two kinds in England and Wales. A property and financial affairs LPA lets your attorney run your bank accounts, sign tenancies and deal with HMRC. A health and welfare LPA covers medical treatment and care. For a landlord, the first protects the portfolio and the second protects you. Many landlords make both.
What happens to my rental properties if I lose capacity without an LPA?
The portfolio freezes. Your family cannot simply step in. In England and Wales even a spouse has no automatic authority over the other's finances or property. To collect rent, renew tenancies, pay the mortgage or instruct repairs, someone has to apply to the Court of Protection to be appointed your deputy. That takes months, carries a court fee and legal fees, and afterwards the deputy must report to the Office of the Public Guardian every year and pay a supervision fee. While everyone waits, tenants can leave, mortgage payments can be missed and arrears build. A property and financial affairs LPA made in advance, £550 + VAT, avoids all of it.
What happens to my rental properties if I lose capacity without an LPA?
The portfolio freezes. Your family cannot simply step in. In England and Wales even a spouse has no automatic authority over the other's finances or property. To collect rent, renew tenancies, pay the mortgage or instruct repairs, someone has to apply to the Court of Protection to be appointed your deputy. That takes months, carries a court fee and legal fees, and afterwards the deputy must report to the Office of the Public Guardian every year and pay a supervision fee. While everyone waits, tenants can leave, mortgage payments can be missed and arrears build. A property and financial affairs LPA made in advance, £550 + VAT, avoids all of it.
I own my rentals through a limited company. Do I still need an LPA?
Yes, arguably more so. The property and financial affairs LPA covers your personal affairs. These include your shares, dividends, director’s loan account, personal mortgage exposure and tax returns. The company itself has no single equivalent. If you are the sole director, the company’s ability to act stops the moment you lose capacity. The exception is where the articles of association deal with that situation. Aaron commonly advises landlords with a company to do two things at once. One is to put the LPA in place. The other is to review the articles and any shareholder agreement for a director losing capacity. Either on its own leaves a gap.
I own my rentals through a limited company. Do I still need an LPA?
Yes, arguably more so. The property and financial affairs LPA covers your personal affairs. These include your shares, dividends, director’s loan account, personal mortgage exposure and tax returns. The company itself has no single equivalent. If you are the sole director, the company’s ability to act stops the moment you lose capacity. The exception is where the articles of association deal with that situation. Aaron commonly advises landlords with a company to do two things at once. One is to put the LPA in place. The other is to review the articles and any shareholder agreement for a director losing capacity. Either on its own leaves a gap.
How long does it take to set up an LPA?
Drafting is short: usually one or two meetings to take your instructions, choose your attorneys, decide on any guidance or restrictions, and sign. The Office of the Public Guardian must then register the LPA before your attorneys can use it. Registration currently takes around 8 to 10 weeks, so an LPA started today is usable in around three months. A Court of Protection application made after capacity has been lost takes months from a far worse starting point, with no say over who is appointed.
How long does it take to set up an LPA?
Drafting is short: usually one or two meetings to take your instructions, choose your attorneys, decide on any guidance or restrictions, and sign. The Office of the Public Guardian must then register the LPA before your attorneys can use it. Registration currently takes around 8 to 10 weeks, so an LPA started today is usable in around three months. A Court of Protection application made after capacity has been lost takes months from a far worse starting point, with no say over who is appointed.
Can I name my spouse or my business partner as my attorney?
Yes, and many landlords do. You can name one attorney or several. You also say whether they must act together (jointly) or can act independently (jointly and severally). Many landlords name a spouse, with a trusted adult child or business partner as a back-up. The back-up can act if the first attorney is unavailable or has lost capacity too. Choose carefully. This is the person who will run your portfolio if you lose capacity. They need the time, the ability and your trust. Aaron goes through the choice with you.
Can I name my spouse or my business partner as my attorney?
Yes, and many landlords do. You can name one attorney or several. You also say whether they must act together (jointly) or can act independently (jointly and severally). Many landlords name a spouse, with a trusted adult child or business partner as a back-up. The back-up can act if the first attorney is unavailable or has lost capacity too. Choose carefully. This is the person who will run your portfolio if you lose capacity. They need the time, the ability and your trust. Aaron goes through the choice with you.
What does an LPA cost at Safe Harbour Legal?
A property and financial affairs LPA on its own is £550 + VAT, or £800 + VAT for a couple where you and your partner each make one. Both LPAs together are £800 + VAT for one person or £1,400 + VAT for a couple. Done with a will, £150 comes off the fee, once, however many LPAs you make. Separately, the Office of the Public Guardian charges £92 to register each LPA, reduced or waived on a low income. Every fee is agreed in writing before any work starts. The 15-minute call ends with a written quote if you decide to go ahead.
What does an LPA cost at Safe Harbour Legal?
A property and financial affairs LPA on its own is £550 + VAT, or £800 + VAT for a couple where you and your partner each make one. Both LPAs together are £800 + VAT for one person or £1,400 + VAT for a couple. Done with a will, £150 comes off the fee, once, however many LPAs you make. Separately, the Office of the Public Guardian charges £92 to register each LPA, reduced or waived on a low income. Every fee is agreed in writing before any work starts. The 15-minute call ends with a written quote if you decide to go ahead.
Downloads
- Estate planning checklist
One page. The documents and decisions to have in place, LPAs included.
PDF · 1 page - The estate planning guide
Wills, powers of attorney, trusts and probate, in one place. The wider planning an LPA conversation leads to.
PDF · 29 pages - The Life Interest Will Trust guide
For a second marriage, or children from a previous relationship: how a will trust protects the inheritance.
PDF · 14 pages
Questions? Call 01262 310 850. Monday to Friday, 9am to 5.30pm. Or read about life interest will trusts, the next question for many landlords.
Next step
Ready when you are.
Sixty seconds of questions that end on the powers of attorney you need and a fixed fee, with VAT.
Or call 01262 310 850, Monday to Friday, 9am to 5.30pm.
Appointments are usually available within a few working days, including Tuesday and Thursday evenings, and home visits across East and North Yorkshire.
Important
This page and the PDF downloads contain general information about the law of England and Wales as at September 2026. It is not legal advice and should not be relied on in place of advice on your own circumstances. Mental capacity, Court of Protection and Office of the Public Guardian rules and fees change often; check any specific point before acting on it. Outcomes for any one person depend on their facts, the documents, and decisions taken by HMRC, the courts and others. Fees shown are fixed once agreed in writing, before any work starts. Safe Harbour Legal and Legal Studio Solicitors are trading names of MDLS Solicitors Limited (company number 08599445), authorised and regulated by the Solicitors Regulation Authority, SRA 598793. The complaints procedure is at legalstudio.co.uk/sra-complaints (Legal Studio's website).