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Halifax - Consent to Let - options

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Comments

  • keogh_b
    keogh_b Posts: 5 Forumite
    edited 7 August 2010 at 5:54PM
    Thanks Everyone

    theartfullodger - I am not asking for advice on wether i should be dishonest.

    I was looking to know if there were any other ways of approaching the Halifax to put my case forward, could i employ a solicitor, the Citizens Advice Burearu, the Financial Ombudsman, etc. My case is very simple;

    I cannot afford to stay in my house;

    I cannot afford the terms for the Halifax "consent to let" agreement;

    If there are no other options available to me, it will be either rent the house without their consent or sell the house.

    Can anyone tell me how I can find out if i can take lodgers legally and within the confines of my current mortgage agreement? Is it simply a case of contacting the Halifax or is it permitted within the owner-occupier agreement?

    Thanks
  • bristol_pilot
    bristol_pilot Posts: 2,235 Forumite
    Why not simply let out a room to a lodger under the rent-a-room scheme (which will make your rent tax-free up to the limit of £4,250 and there is nothing the Halifax can do to stop you), then travel back and spend 1 night per month in the property so that it remains occupied by you. This would tide you over until you are settled in a new job, then you can sell up and relocate.
  • yes thats about reposessions it says nothing about not getting consent to let

    There are none so blind, as those who will not see...


    "The main purpose of the Bill is to offer protection to tenants of rental properties whose landlord has both defaulted on his mortgage and not notified his lender that the property was being let (an 'unauthorised tenancy')."
    Act in haste, repent at leisure.

    dunstonh wrote:
    Its a serious financial transaction and one of the biggest things you will ever buy. So, stop treating it like buying an ipod.
  • theartfullodger
    theartfullodger Posts: 15,781 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 8 August 2010 at 7:29AM
    I cannot afford to stay in my house;

    I cannot afford the terms for the Halifax "consent to let" agreement;

    If there are no other options available to me, it will be either rent the house without their consent or sell the house.
    Sell house, then if necessary (for anyone else in a bigger 'ole than this one) consider declaring yourself bankrupt and then starting again with a clean sheet.

    As you say you don't want advice on being dishonest (well you got it, not telling lender would be dishonest IMHO): there are often listed 4 entities never to be dishonest with, and I'm sure you haven't/wouldn't...
    - Your kids, if any
    - Your partner, if any
    - Your God, if any
    - Yourself..


    Sometimes our plans in life work out, sometimes they don't. No doubt others posting here have had financial setbacks in their life (I have a couple of times..) but there's (Oh!! heresy on MSE....) more important things than money...


    End of sermon (well, it is Sunday)!

    Cheers & hope it works out...

    Lodger
    (Antitheist, and with many a stain against my character/record)
  • silvercar
    silvercar Posts: 49,962 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    If anyone had been taken to court, let alone a judge actually allowing possession, for letting without consent, the case would be quoted all over the internet. It hasn't happened. It wouldn't be a criminal offence, it would be a civil matter between the lender and the borrower. The lender would have to decide to incur court costs in pursuing this. The damages, if they were awarded, would be zero as the lender can't show a loss.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • silvercar
    silvercar Posts: 49,962 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    From a tenant's point of view, CTL is not all its cracked up to be. What happens when the CTL runs out? The tenant is within the contract term but there is no longer CTL, life continues.
    As people point out CTL means the lender in possession won't evict during the fixed term, but they will evict as the term ends. They will also only attend to emergencies and maintenance that are legally required or breach health and safety law, they won't go above these requirements.
    If tenants believe that CTL gives them much security they are wrong, better to get a property with a decent landlord, not likely to be repossessed and where there is a proper BTL mortgage.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Sunshine12
    Sunshine12 Posts: 4,304 Forumite
    I was in same situation as you are with halifax and they offered me a 3 year no tie in rate of around 5.5% with £600 arrangement fee. Wasnt that long ago. They would let me stay on variable either. I wouldnt suggest doing anything without consent.
    :smileyhea
  • Im in a similar situation, I went to see a mortgage advisor...he was very helpful in weighing up my options. I agree Halifax rates are stupid; we arent looking to make money at all, we're starting a family and have a 1bed flat we cant sell...

    Many advisor's initial advice is free, make an app.
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