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Would i be in trouble if - I got a FT buyer mortgage and rented out the property??

I am after a property to rent out, but I can not afford a 15% desposit for a buy to let mortgage

As I am a first time buyer, i will get a FT buyer mortgage and then rent out the property without living there.

Is this illegal?

Would the bank take a negative and sell the property if they found out?

Do you pay any taxes on a buy-to-let?

I plan to rent it out to my company with rental agreement for a guaranteed 2 years - so all payments covered.

What do you think??

Thank you
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Comments

  • hornetgirl
    hornetgirl Posts: 6,155 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Mortgage-free Glee!
    I think if you can't afford it you shouldn't be doing it.
  • rebeccaj
    rebeccaj Posts: 1,390 Forumite
    Part of the Furniture Combo Breaker I've been Money Tipped!
    I'm sure you will find that it is in breach of the T&Cs of the mortgage, and as such yes, you would be in trouble.
  • real1314
    real1314 Posts: 4,432 Forumite
    T&C's on the mortgage and the buildings insurance. mortgage co will want to see buildings insr, and if you go with owner occ insr, you'll have breached the insr t&c. If you go with landlord's insr, mortgage co will want to know why.
  • Ivrytwr3
    Ivrytwr3 Posts: 6,304 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I did exactly that in Jan 06. Make sure you check the t&c of your mortgage though as some will want to move you to a buy to let mortgage and some will will want a fee to get a "consent to let" from them. With regards to company lets, you will probably finds that your residential mortgage will not allow this.

    No, it's not illegal, you won't be brought to charge by the police, but you do run the risk of the bank recovering the full amount owed immediately if caught.

    Now, i went the full honesty approach and have the consent to let etc, but a friend of mine has been doing this for about 6 years and neither the mortgage provider or taxman know about it and she hasn't been caught; yet.
  • Rick62
    Rick62 Posts: 989 Forumite
    Yes it is illegal, its called obtaining money by deception and is a form of fraud.

    Its a shame that banks are not being more rigerous over fraud because part of the rise in prices of property is peoples brazen idea that obtaining mortgages by false statements is fine.
    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.
  • Ivrytwr3
    Ivrytwr3 Posts: 6,304 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    How is it illegal? He's breached his mortgage agreement by allowing tenants, nothing more. And if worse comes to worse he can always plead ignorance.

    I was forced into letting my property due to work commitments, there are so many other factors that could enable a borrower to need to let.
  • Its always interesting to read the catty comment and their is alway some jealous over buy to let. Esp those ppl who believe a house should be there to live in and not just a money making scheme.

    So in response to the questions.

    1. I can afford the desposit but not 15%

    2. As my company needs rooms for the workers its is a guaranteed rent. Now that is an opportunity to good to miss.

    3. I plan to convert the garage to a small flat - Would this be enough to satisfy the bank. I only plan to stay maybe twice a week?

    4. What are the tax impications? This would be my first house so surely nothing??

    Thank you all for your views
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  • real1314 wrote:
    T&C's on the mortgage and the buildings insurance. mortgage co will want to see buildings insr, and if you go with owner occ insr, you'll have breached the insr t&c. If you go with landlord's insr, mortgage co will want to know why.


    Does this mean I will not be insured?
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  • Rick62 wrote:
    Yes it is illegal, its called obtaining money by deception and is a form of fraud.

    Its a shame that banks are not being more rigerous over fraud because part of the rise in prices of property is peoples brazen idea that obtaining mortgages by false statements is fine.

    Im purely trying to get on the property ladder
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  • Your rental income will be added onto your ordinary income (minus mortgage interest repayments) and taxed as income.

    You will need plannning permission if the garage is to be a seprate flat. If it is just a bedroom/bathroom you won't.

    Ask your lenders if they will give you permission to rent. If they do not object they will give you a formal agreement and then you will be in the clear. It will probably cost a few hundred. I did this with a flat I had on an ordinary domestic mortgage and they inserted a clause on the bottom to say it could be rented on an assured shorthold tenancy providing each tenancy was for no longer than a year.

    Make sure you have appropriate insurance/gas certificates etc.

    It is certainly not illegal if you are upfront about it and have the appropriate permissions.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
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