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    • J123321
    • By J123321 12th Jan 16, 3:58 PM
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    J123321
    Sole occupancy
    • #1
    • 12th Jan 16, 3:58 PM
    Sole occupancy 12th Jan 16 at 3:58 PM
    Hi All,

    I bought a house around 7 months ago. I had to sign a sole occupancy for as I was the only one living in the property. It stated they would do a credit search in 6 months to check if anybody else was living there. I have checked my file and there has been no search carried out.

    My GF and I would like to move in together, so just wondering what I do? and any consequences?

    Thanks
Page 1
    • Guest101
    • By Guest101 12th Jan 16, 4:05 PM
    • 11,966 Posts
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    Guest101
    • #2
    • 12th Jan 16, 4:05 PM
    • #2
    • 12th Jan 16, 4:05 PM
    In what terms was there a sole occupancy clause? Do you have a leasehold?


    Who told you they would do a credit check?
    • J123321
    • By J123321 12th Jan 16, 4:16 PM
    • 12 Posts
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    J123321
    • #3
    • 12th Jan 16, 4:16 PM
    • #3
    • 12th Jan 16, 4:16 PM
    It was a form from Leeds Building Society. (Declaration of intent to Reside/Sole Occupier)

    It reads as follows

    With regards to the above security property. I herby declare that this security property will become my main residency following completion of my mortgage with Leeds Building Society.

    Furthermore I declare that, following completion of the Leeds Building society mortgage, that I will be the sole occupier of the property.

    I herby authorise Leeds BS to carry out searches on my credit file six months after the completion od the above application. If there is evidence that there is another occupier of the above security property other than myself, this will be treated a fraud (obtaining mortgage by deception) and appropriate fraud warnings will be placed on my credit file. Leeds BS also reserves the right to take any other action deemed appropriate.
    • HappyMJ
    • By HappyMJ 12th Jan 16, 4:21 PM
    • 20,607 Posts
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    HappyMJ
    • #4
    • 12th Jan 16, 4:21 PM
    • #4
    • 12th Jan 16, 4:21 PM
    It was a form from Leeds Building Society. (Declaration of intent to Reside/Sole Occupier)

    It reads as follows

    With regards to the above security property. I herby declare that this security property will become my main residency following completion of my mortgage with Leeds Building Society.

    Furthermore I declare that, following completion of the Leeds Building society mortgage, that I will be the sole occupier of the property.

    I herby authorise Leeds BS to carry out searches on my credit file six months after the completion od the above application. If there is evidence that there is another occupier of the above security property other than myself, this will be treated a fraud (obtaining mortgage by deception) and appropriate fraud warnings will be placed on my credit file. Leeds BS also reserves the right to take any other action deemed appropriate.
    Originally posted by J123321
    That just really means the day following completion that you will be the sole occupier. You might meet someone a few days after moving in and allow that person to move in to your house.

    You can move your partner in if you wish. You could add her to the deeds and mortgage if you wanted to. There's no requirement to. If you speak with Leeds BS they'll tell you what you should do if you don't want to add her to the deeds and mortgage.

    Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money.
    • Guest101
    • By Guest101 12th Jan 16, 4:22 PM
    • 11,966 Posts
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    Guest101
    • #5
    • 12th Jan 16, 4:22 PM
    • #5
    • 12th Jan 16, 4:22 PM
    It was a form from Leeds Building Society. (Declaration of intent to Reside/Sole Occupier)

    It reads as follows

    With regards to the above security property. I herby declare that this security property will become my main residency following completion of my mortgage with Leeds Building Society.

    Furthermore I declare that, following completion of the Leeds Building society mortgage, that I will be the sole occupier of the property.

    I herby authorise Leeds BS to carry out searches on my credit file six months after the completion od the above application. If there is evidence that there is another occupier of the above security property other than myself, this will be treated a fraud (obtaining mortgage by deception) and appropriate fraud warnings will be placed on my credit file. Leeds BS also reserves the right to take any other action deemed appropriate.
    Originally posted by J123321


    Hmm.. I don't see how this would affect the lender, as long as you remain resident in the property.


    However I would just contact them and see what it is they want. It would likely be an unfair term if it applied for the duration of the loan.


    However it may be more reasonable if the term only applied for the 6 months.


    I'm slightly confused about the 'security property' being mentioned multiple times - is this a former commercial property?


    Outside of that, a credit search on you would not show up your girlfriend anyway unless you open a joint account...
    • Pixie5740
    • By Pixie5740 12th Jan 16, 4:46 PM
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    Pixie5740
    • #6
    • 12th Jan 16, 4:46 PM
    • #6
    • 12th Jan 16, 4:46 PM
    I think this check is more to ensure that you are still living in the property and that you haven't bought the property using a residential mortgage when your intention was to let the property out to A. N. Other.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Richard Webster
    • By Richard Webster 12th Jan 16, 5:29 PM
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    Richard Webster
    • #7
    • 12th Jan 16, 5:29 PM
    • #7
    • 12th Jan 16, 5:29 PM
    I suspect Leeds BS don't want a situation to arise where you get into mortgage arrears and they take possession prioceedings and then another person says "I moved in with him and I didn't know anything about the mortgage - you can't kick me out...."

    If GF moves in after the date of the mortgage and you tell Leeds BS about it I can't see they will be bothered - they will have priority in tine over any interest in the property she might acquire. They might get her to sign a consent form so she can't say she doesn't know about the mortgage.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
    • G_M
    • By G_M 12th Jan 16, 5:38 PM
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    G_M
    • #8
    • 12th Jan 16, 5:38 PM
    • #8
    • 12th Jan 16, 5:38 PM
    'security property' is just a weird way to refer to the property which provides security for the loan.

    They are either
    1) checking you don't intend to let the property out, in which case you would have needed a BTL mortgage. It would indeed be mortgage fraud if this was clealry the original intent. Is there any reason they might have suspected this? Or perhaps it's now standard practice.

    2) they want to know which adults will use the property as their primatry residence. In the event of repayment default, repossession is more difficult if there is another (financially innocent) adult living there.

    Adding a partner to the mortgage and deeds is not a question of "You could add her to the deeds and mortgage if you wanted to." You and (s)he would have to apply. They may agree or they may not.

    But longer term they cannot prevent you moving a partner in. It is only if this was always the intention, rather than a change in your life circumstances, that it would be fraud.

    6 months seems about the limit. Within that period arguable it must have been an existing relationship when you applied, hence suspect. Beyond 6 months it becomes increasingly possible that you simply met someone new & decided to live together.
    • tiger eyes
    • By tiger eyes 12th Jan 16, 5:54 PM
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    tiger eyes
    • #9
    • 12th Jan 16, 5:54 PM
    • #9
    • 12th Jan 16, 5:54 PM
    I'm very surprised the mortgage lender wants to stop you moving a partner in after the purchase. I understand why at the time of a mortgage they want to get any partner to sign the form to say they have no legal interest, but following up after the purchase to make sure you're still living alone? Is this normal?
    • kiki711
    • By kiki711 11th Aug 16, 7:30 PM
    • 1 Posts
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    kiki711
    conclusion
    Hello

    I am in a similar situation and was just wondering what conclusion you came to with this?
    what was the reason for the 6 month check and what did they require from you for moving you GF in?

    Many thanks
    • erup
    • By erup 16th Oct 16, 7:59 PM
    • 1 Posts
    • 0 Thanks
    erup
    Hello, did you get a response/ did this get resolved? I am in a similar situation.

    Thank you in advance!
    • paddypaws101
    • By paddypaws101 16th Oct 16, 8:42 PM
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    paddypaws101
    The only interest the mortgage company can have is whether you are using this as a residential property for your own use and not a either a Buy to Let or Business premises.
    • goodwithsaving
    • By goodwithsaving 16th Oct 16, 9:16 PM
    • 358 Posts
    • 553 Thanks
    goodwithsaving
    I take it as, you have applied for a non-BTL mortgage, you have applied solely for the mortgage......therefore they are confirming that you (a) aren't hiding any dependents and (b) aren't intending to let it out thus making you not the sole occupier if that was the case.
    Every time you borrow money, you’re robbing your future self. –Nathan W. Morris
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