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Is this criminal?

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If I take out an interest only mortgage now and, in 12 months time, rent out the property for 12 months and I don't let my mortgage provider know about that does it constitute a criminal offence?

Regards

Richard

Comments

  • Noz
    Noz Posts: 3,869 Forumite
    Part of the Furniture Combo Breaker
    not sure about criminal, but you certainly will be in breach of a your mortgage terms & conditions unless your mortgage already allows this facility
  • herbiesjp
    herbiesjp Posts: 8,499 Forumite
    you would also need to notify your buildings insurer
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • silvercar
    silvercar Posts: 49,650 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    You would be breaching your mortgage contract.

    In theory the mortgage company could then call in the loan.
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  • AndrewSmith
    AndrewSmith Posts: 2,871 Forumite
    If I take out an interest only mortgage now and, in 12 months time, rent out the property for 12 months and I don't let my mortgage provider know about that does it constitute a criminal offence?

    Regards

    Richard

    Not criminal but you would be in breach of a legal mortgage contract under civil law. Also who would you blame if your tennants burnt the place down and your insurance wouldn't pay out as it would not be covered for letting?

    Then you'd be in the brown stuff up to your neck. Firstly you would be personally liable for the damage and secondly your lender would most likely load your interest rate as a result of the new 'buy to let' status not being declared.


    If you loaned me your car on the understanding that it would be used solely by me for driving to work and back, you would be a bit arsed off if you then discovered that I had been using it as a taxi or teaching people to drive in it.

    It is exactly th same with a property because never forget that until you make your final mortgage payment you don't actually own the property. With an interest only mortgage you are effectively renting it from the lender.

    Tell them and be honest about it. Most are fine subject to the insurance being updated.
  • kenshaz
    kenshaz Posts: 3,155 Forumite
    Part of the Furniture Combo Breaker
    Just proves the point that whilst you have a mortgage you are not free,but shackled to a lender,who can dictate your course of action.
    [FONT=Arial, Helvetica, sans-serif]To be happy you need to make someone happy.[/FONT]
  • AndrewSmith
    AndrewSmith Posts: 2,871 Forumite
    kenshaz wrote:
    Just proves the point that whilst you have a mortgage you are not free,but shackled to a lender,who can dictate your course of action.

    Of course they can dictate what you do with the property they have loaned you the money to buy.

    After all, they do own whatever share you have mortgaged so they are entitled to their say.
  • jamesd
    jamesd Posts: 26,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just ask your broker to find a lender who will agree to let without significant penalty in case you decide to move later and want to keep it. It's a common enough fallback option for normal borrowers who change jobs.
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