No law says an overseas landlord must appoint a letting agent. Two rules make it very difficult not to. If your property is in one of Nottingham City Council's licensing areas, the licence holder must live in the UK or be a UK registered company, so you cannot hold the licence yourself from abroad. And if nobody acts as your agent, the duty to deduct tax from your rent falls on your tenant. Neither rule compels you to appoint an agent. Both make doing so the practical answer.
The licensing rule, which is the harder of the two
Nottingham City Council's Housing Licensing Fee Policy states at Appendix 2 that a licence holder must either reside in the UK or, if a company, be registered in the UK. There is no discretion in it and no overseas equivalent.
So if your property sits in a City licensing area, you need a UK resident individual or a UK registered company willing to hold the licence and to carry the legal responsibility that comes with it. A relative willing to have their name on a form is not the same thing, and the Council may ask to see the signed management agreement to satisfy itself that the arrangement is genuine.
Not every Nottinghamshire address is caught. The City's schemes cover the City area. West Bridgford is in Rushcliffe, Beeston and Bramcote in Broxtowe, Arnold and Carlton in Gedling, Hucknall in Ashfield, and their rules differ. Our areas page sets out which authority governs where.
The tax rule, and why your tenant will not thank you
Under HMRC's Non-Resident Landlord Scheme, where there is no letting agent the duty to deduct basic rate tax from the rent falls on the tenant, provided the rent is £100 a week or more. At an average Nottingham rent of £1,009 a month, that threshold is comfortably passed.
Very few tenants know this. Fewer still want to register with HMRC, calculate a deduction and file returns as a condition of renting a flat. In practice a tenant who discovers the obligation either asks you to appoint an agent or looks for a different property.
Note the asymmetry. The £100 a week threshold applies only where the tenant pays you directly. Once an agent is involved there is no threshold at all, because HMRC's guidance confirms there is no de minimis limit for rent paid through a letting agent.
What you are actually choosing between
A UK based agent who holds the licence, operates the scheme and files the returns. Or a UK resident willing to take on the licence holder's legal responsibility personally, plus a tenant willing to run your tax withholding, plus you managing a periodic tenancy under the Renters' Rights Act 2025 from a different time zone.
Put like that it is not really a choice, which is why the answer to the question in the title is technically no and practically yes.
What we do about it
Our overseas landlord management service is 12% of the rent (including any VAT), with a one off setup fee of £600 (including any VAT). Acting as your named UK licence holder is included, under an agreement drafted by Trent Law Solicitors, and we are registered with HMRC under the Non-Resident Landlord Scheme. The quarterly HMRC submission is £60 each quarter and licence application handling is £240 for a selective licence or £280 for an HMO.
Questions we are asked
Is it illegal for an overseas landlord to let without an agent?
No. But if the property needs a licence you must appoint a UK resident or UK registered company to hold it, and if nobody is acting as your agent the tax withholding duty passes to your tenant where the rent is £100 a week or more.
Can a friend or relative in the UK hold the licence for me?
They can if they are willing to, but they take on the licence holder's legal responsibility for the licence conditions, and the Council may ask to see a genuine management agreement. It is a real liability rather than a signature.
Does my property definitely need a licence?
It depends on the address. Nottingham City Council's schemes cover the City area, and much of Nottinghamshire sits under other councils with different rules. Send us the postcode and we will tell you which authority governs it.
What happens to my tenant if I have no agent?
Where the rent is £100 a week or more, the tenant must register with HMRC, deduct basic rate tax from the rent and account for it. Most tenants do not know this and would rather not do it.
Sources
Nottingham City Council, Housing Licensing Fee Policy, version 7, effective 1 April 2025
HMRC, Non-resident Landlords Scheme guidance notes for letting agents and tenants
HMRC Property Income Manual PIM4810
General information about the law and practice in England. Not tax advice or legal advice.
