Tenant not paying but we are letting without consent on help to buy scheme

by Readers Question

10:56 AM, 1st February 2016
About 5 years ago

Tenant not paying but we are letting without consent on help to buy scheme

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Tenant not paying but we are letting without consent on help to buy scheme

My partner bought a 1 bed flat on the government’s help to buy scheme a couple of years ago, and almost immediately we found out we were pregnant! We continued to live there during the pregnancy and for a while after the baby arrived, but it was just too small for the three of us so we had to find somewhere else.trouble

On the scheme you’re not supposed to rent the property for 5 years, but my partner didn’t want to lose the asset, so she decided to take the risk and rent it without telling the lender.

Problem is, now we have a tenant who hasn’t paid rent for two months and is refusing to leave (for the time being at least). He claims he’s fallen on hard times and has nowhere else to go, and he may be telling the truth (it’s not clear). But bottom line is we need the income to pay our own rent, so we need him out asap.

We’re currently talking to solicitors, but I suppose our main concern at the moment is whether getting him evicted is likely to drop my partner in hot water for renting without consent.

Any help would be greatly appreciated!

Alan


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Comments

Neil Robb

16:54 PM, 8th February 2016
About 5 years ago

HI Alan

You have both found yourself in a position that I am sure by choice you would rather not have been in. Now you have to deal with it. Make sure you don't hand over deposit until you have your keys and property back.
The question I would ask is if he could not pay you rent how is he going to pay new landlord their rent.
It is unlikely in the eviction ,that it will come up whether there is consent to let or not. Least said sooner mended. If you talk about it then it will be brought up.
The HTB scheme yes you have done what you have done. So your hope is to sell at the five year point to make a profit so you can buy your family home.
In the beginning of BTL there was a lot of crazy schemes. People buying at 12 pm remortgageing at 4 pm for a lot more money. Self certified earnings so there is a lot of people in glass houses. The banks did not care they just saw profit.
It is how you deal with this going forward that matters now.
I believe in doing things above board then no one can land you in it.
Try get consent to let it is normally a few hundred pounds are you in rented accommodation now yourself or another property you bought.

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