unusual mortgage advice needed

Lu10

Hello all. I am trying to get a motgage to buy the house i've lived in for 12 years. I'm struggling to get a mortgage because there is a self contained flat on the top floor of the house, there is a tennant who has been there for 2 years who i want to keep. so i would own and live in the house and have a tennant also living in the house. she has to walk through our house to get to her flat I have been told this is called having a tennant with through access. I don't fit criteria for residential mortgage or buy to let and have been offered a mortgage if flat is vacant which would mean no longer having a tennant. any advice greatly appreciated.

sooz

If she has to walk through your house for access, take the lock off her 'front' door, & she's no longer a tenant, but a lodger. (obviously, with her agreement!)

Fire_Fox

sooz wrote: »

If she has to walk through your house for access, take the lock off her 'front' door, & she's no longer a tenant, but a lodger. (obviously, with her agreement!)

Not necessarily: I *think* you are a lodger if you share facilities and this is a self contained flat. I suspect the council tax department will view the flat as a separate unit, this is regardless of whether it is used separately. It may well be that the lender takes the same position: insurers don't like strangers having access to your property either.

OP have you tried a mortgage broker? Can you give the flat its own access in any way? Who is going to check if the tenant has vacated? Does the flat meet fire regs in terms of exits?

Lu10

yes i've tried a broker he couldn't find one. he suggested we say the tennant has vacated as very unlikely mortgage company would find out but i don't feel comfortable with that as not worth risk of loosing house and being done for fraud. flat does meet fire regs as has 2 exits. giving flat own acces would cost too much, would have to build external staircase, house in conservation area so not allowed.

Fire_Fox

Lu10 wrote: »

yes i've tried a broker he couldn't find one. he suggested we say the tennant has vacated as very unlikely mortgage company would find out but i don't feel comfortable with that as not worth risk of loosing house and being done for fraud. flat does meet fire regs as has 2 exits. giving flat own acces would cost too much, would have to build external staircase, house in conservation area so not allowed.

There are plenty of properties in conservation areas with external fire escapes, often councils are only concerned about the appearance of the front elevation. If you cannot afford to serve the tenant notice then maybe you cannot afford to buy this house.

Lu10

we can afford to pay mortgage without tennant- we like having a tennant, the house is too big for just us. external fire escapes are not satisfactory for main entrance to flat. would need to be enclosed (have walls and roof). we got planning permission for such a structure a few years ago but is way too expensive.

poppysarah

(who owns it now? Do they have a mortgage)


How much extra is your home insurance for having a flat inside your property?

Lu10

my mum ownes it outright- she is the landlord

the house has only recently been converted from 3 seperate flats to one large flat and one small on top floor and so we still have old home insurance. I need to sort that out but don't know how much it'll cost yet.

blackshirtuk

When somrone sells a house (Mother selling to you?) they have to sign a form saying they will give you vacant possesion, as does anyone over 18 living in the property (your tenant)

There is nothing stopping you to ask the tenant to sign this form, and on completion of the sale sign a new tenancy agreement with you.

lincroft1710

Lu10 wrote: »

my mum ownes it outright- she is the landlord

the house has only recently been converted from 3 seperate flats to one large flat and one small on top floor and so we still have old home insurance. I need to sort that out but don't know how much it'll cost yet.

Was this conversion carried out with planning permission and building regs.

Jowo_2

Perhaps to comply with the mortgage/conveyancing process, get the tenant to move into short-term accommodation and put their belongings into storage before exchange, and get them to move back in after completion on a new rental agreement.

Encourage the deal by bribing them by paying for the man and van, plus storage costs and offering them a few weeks free rent upon their return. If they are keen on the property, perhaps they won't mind the disruption so long as it doesn't cost them anything.

Can anyone see any legal constraint in doing this?