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Selling and renting back

An acquaintance of mine ( friend of a friend) is in dire financial straits and is planning to sell her mortgaged flat to someone she barely knows with the promise that she can remain living in it and rent it.

Obviously she loses her 'security' but I gather she's running very close to risk of repossession anyway.

I'm just curious as to how this works. Is it sold with vacant possession if she never moves out? I know a property with tenant in situ sells for less, but she's not a tenant until it's sold.

Any particular dangers or perhaps advantages of doing this?

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Comments

  • MyRealNameToo
    MyRealNameToo Posts: 4,824 Forumite
    1,000 Posts First Anniversary Name Dropper

    It's sold without vacant possession, the whole deal is structured for someone buying it with the tenants in situ who wants to be their landlord.

    Previously this was unregulated and generally it was the same bunch of cowboys as the we'll buy your home for cash in 7 days lot. They had similar tricks too, give a low price that was just about acceptable to someone thats desperate and at the 11th hour cut it with a take it or leave it attitude. With the rent back option you would add in a fairly unfair tenancy agreement and expect massive rent escalations each year as generally they want you out to sell the property.

    Now its regulated I suspect things have improved somewhat but I also suspect there are far fewer people operating in the space as its no longer the cash cow that it once was.

  • MEM62
    MEM62 Posts: 5,696 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper

    An acquaintance of mine ( friend of a friend) is in dire financial straits and is planning to sell her mortgaged flat to someone she barely knows with the promise that she can remain living in it and rent it.

    Seriously bad idea.

     I gather she's running very close to risk of repossession anyway.

    Then her way forward is to get some proper advice on dealing with her financial situation rather than making decisions out of desperation. (If she cannot afford her mortgage then how is she going to afford rent?)

  • user1977
    user1977 Posts: 19,889 Forumite
    Eighth Anniversary 10,000 Posts Photogenic Name Dropper

    How did she find the "someone she barely knows"? Is this a private individual or a business? What other solutions has she investigated?

    The main downsides are that the price is likely to be aimed at the desperate/gullible, and she might be kicked out of her tenancy as soon as the landlord can do so in order that they can flog off the property for a profit.

  • TroubledTarts
    TroubledTarts Posts: 1,025 Forumite
    500 Posts First Anniversary Photogenic Name Dropper
    edited 8 July at 7:17AM

    For your friend

    Please be careful, individuals and companies prey on people in your situation.

    Unless you have had a friend that you trust recommend such an individual or company please proceed with absolute caution if at all.

    It may well be worth using the debt parts of this forum to see if you can get some advice and help there before doing something you don't need to do.

  • Albermarle
    Albermarle Posts: 32,187 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper

    to someone she barely knows 

    Is this definitely an individual, and not one of the type of companies mentioned above ?

  • elsien
    elsien Posts: 38,066 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    They will find a reason at the last minute to lower the price they offer her thus potentially leaving her in negative equity. And without security.
    Neither of which are great options

    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.
  • user1977
    user1977 Posts: 19,889 Forumite
    Eighth Anniversary 10,000 Posts Photogenic Name Dropper

     thus potentially leaving her in negative equity.

    The transaction won't happen if she can't at least redeem her mortgage.

  • SarahB16
    SarahB16 Posts: 577 Forumite
    Fourth Anniversary 500 Posts Name Dropper

    That sounds like a very bad idea.

    I think she needs to speak to her mortgage provider (seeking a mortgage holiday or extending her mortgage term by a few extra years) after getting some proper financial advice. Also could she rent a room out in her flat too (taking advantage of rent a room relief).

  • FlorayG
    FlorayG Posts: 2,285 Forumite
    Eighth Anniversary 1,000 Posts Photogenic Name Dropper

    I don't want advice, thank you, it's nothing to do with me and she isn't a friend. I'm just curious how it works.

    As far as I am aware, she's planning to sell to a person not a company

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