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Tenancy agreement - mortgage and family related

Confusing one....but desperately need good advice.

I have a property in my name that my MIL lives in. She pays nominal rent to cover the small mortgage. But nothing close to the market rent.

We are remortging our own property that we live in. the remortgage company (virgin) want to know the details of the BTL (where the MIL lives) including a tenancy agreement stating the rent paid.

We don't have a tenancy agreement as it is a family member. But i can arrange to have one done. But obviously, we make no income from the property and do not want to put the incorrect inflated market rent on the tenancy agreement. But it seems that the bank want to know we are getting market rent for it.

What should we do? we won't get the remortgage unless we show a tenancy agreement. but we shouldn't lie about how much we get - should we?

Incidentally, we have had both properties for more than 10 years and never defaulted and always paid the rent/mortgage with no problems.

We only want to add £10,000 to our current mortgage and our repayments will be lower than our current ones.

I will also post this on the mortgage section.

Comments

  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I am presuming you took out the Buy to Let mortgage with Virgin.

    They have different criteria when renting to a family member.

    https://intermediaries.virginmoney.com/virgin/assets/pdf/lending_policy_criteria.pdf

    page 15

    Telephone and explain that a family member is renting the property.
  • nzmegs
    nzmegs Posts: 1,055 Forumite
    The BTL is actually with another bank - I have asked the mortgage broker to explain the situation. Have decided to just give them a tenancy agreement stating the rent that is actually paid as I refuse to lie about it.

    Hopefully they will be sensible about it.
  • moromir
    moromir Posts: 1,854 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The mortgage company will almost certainly require historical bank statements to corroborate the tenancy agreement and prove rental income so there's no point in putting anything other than what you actually receive.

  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    nzmegs wrote: »
    The BTL is actually with another bank - I have asked the mortgage broker to explain the situation. Have decided to just give them a tenancy agreement stating the rent that is actually paid as I refuse to lie about it.

    Hopefully they will be sensible about it.

    Since it isn't with Virgin then google for the mortgage lenders terms and conditions for Buy to Let
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I don't see the quandry.

    You let a property and receive rent. So you tell the bank what rent you receive, in the same way that you tell HMRC.

    My surprise relates to the BTL morgage lender, as they generally prohibit leting to family - but that's a different issue.
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