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Letting to current owners

I have another post about my purchase problems but this is another solution I'm considering.

My mortgage terms require same day exchange and completion. The sellers won't do this. I'm considering allowing the current owners to live there temporarily under a non assured tenancy until they've completed on their onward purchase. Does anyone have any experience of or advice on this?
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Comments

  • glothy
    glothy Posts: 37 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    This has been asked a few times in the past but I can't see a resolution. 

    I'm in a let to buy situation and the sellers simply won't/can't do same day exchange and completion. This is a requirement of all let to buy mortgages as far as I can tell. I've even asked the lender if they will change my existing mortgage to buy to let if I move to a rental property and they've refused.

    Does anyone know of a lender that would switch my current residential mortgage to a buy to let on the basis of me moving to alternative rental accomodation? 

    I've explored many options but no one seems to be able to help. It seems really odd that the only way to switch to buy to let is by buying another property.
  • Olinda99
    Olinda99 Posts: 1,715 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 2 August 2024 at 7:16PM
    they would have to move out (inc posessions, furniture etc) on completion day and stay in a hotel overnight or wherever thus giving you vacant posession.

    next day you can sign an AST with whoever you want but note the tenancy can only be ended by the tenants or a court ie they can stay longer than you may want

    also you have to get required gas safely, electrical safety, deposit protection, amendment to house insurance etc and maybe a licence from LA if they require one. 

    not sure what you mean by using a non assured tenancy. these tend to be for example for holiday that's where the main home is elsewhere but it sounds as though this will be their main home so you should be careful as you may well be creating an AST even though you don't think you are
  • user1977
    user1977 Posts: 16,521 Forumite
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    And none of it will be possible if you're buying with a residential mortgage.
  • elsien
    elsien Posts: 34,938 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do a search.

    There are a lot of threads on here explaining why generally speaking it is not a very good idea. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • glothy
    glothy Posts: 37 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    elsien said:
    Do a search.

    There are a lot of threads on here explaining why generally speaking it is not a very good idea. 
    Nothing is coming up in search. I've seen one where everyone said it was a terrible idea, and one where the buyers were allowing them stay with extortionate rent 🤷‍♂️
  • silvercar
    silvercar Posts: 48,459 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    It would be against the terms of your new mortgage, unless you are getting a BTL mortgage.

    why does your mortgage require you to exchange and complete on the same day?
    I'm a Forum Ambassador on the housing, mortgages, student & coronavirus Boards, 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: 48,459 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    edited 3 August 2024 at 8:05AM
    Lenders usually require those getting a BTL mortgage to also be homeowners. Often because it could be seen as a way to exceed your borrowing based on income of you got the mortgage based on potential rental income instead.
    I'm a Forum Ambassador on the housing, mortgages, student & coronavirus Boards, 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.
  • glothy
    glothy Posts: 37 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Olinda99 said:
    they would have to move out (inc posessions, furniture etc) on completion day and stay in a hotel overnight or wherever thus giving you vacant posession.

    next day you can sign an AST with whoever you want but note the tenancy can only be ended by the tenants or a court ie they can stay longer than you may want

    also you have to get required gas safely, electrical safety, deposit protection, amendment to house insurance etc and maybe a licence from LA if they require one. 

    not sure what you mean by using a non assured tenancy. these tend to be for example for holiday that's where the main home is elsewhere but it sounds as though this will be their main home so you should be careful as you may well be creating an AST even though you don't think you are
    Non assured is very different to AST. None of the AST rights apply. AST can't be applied if a tenancy doesn't meet the minimum or maximum rent threshold. In those circumstances a non AST could be used. 
  • glothy
    glothy Posts: 37 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    silvercar said:
    It would be against the terms of your new mortgage, unless you are getting a BTL mortgage.

    why does your mortgage require you to exchange and complete on the same day?
    Because it's let to buy and those are the conditions of the mortgage. This applies to all let to buys according to my mortgage advisor and google. No exceptions according to my solicitor.
  • glothy
    glothy Posts: 37 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    edited 3 August 2024 at 8:05AM
    silvercar said:
    Lenders usually require those getting a BTL mortgage to also be homeowners. Often because it could be seen as a way to exceed your borrowing based on income of you got the mortgage based on potential rental income instead.
    Thanks. There are a few people saying they managed to do it but I wonder if rules have changed recently as it doesn't seem to be a possibility now.
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