Will Consent to Let Be Granted?
I own a flat with my ex, he has not contributed for two years and I don’t believe he is registered on the electoral roll at his new address.
I recently moved out and expect to return at the end of 2018, so I asked some friends to house sit while I got some building work done.
The work was finished sooner than expected and now they want to rent the flat as tenants.
I have a CCJ.
The property has about 5% equity.
My ex has awful credit.
I can’t find any information on my mortgage lenders website about their consent to let criteria.
I am worried that they will decline my request for consent to let.
Is the lender obliged to release their criteria?
If they decline, will my friend need to move out?
Regards
Sid
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Member Since January 2011 - Comments: 12217 - Articles: 1412
2:31 PM, 10th March 2015, About 11 years ago
Hi Sid
Reading between the lines here I’m guessing that you are working overseas, am I right?
If that is the case, will you periodically return to the UK and live in your home?
Please read between the lines here Sid.
Based upon the circumstances you have outlined I doubt very much that consent to let will be granted, your friend will have to move out of the property and your mortgage lender may well be in a position to appoint an LPA receiver to sell the property.
HOWEVER, if the property remains your home (albeit rarely occupied by you), and you just so happen to work away that could be a very different scenario. Your friends could be lodgers in your home, you can still charge them rent and they will not have the same rights as tenants. You may also benefit from tax relief on the first £4,250 a year of rent under the “rent-a-room” incentive scheme. You would, of course, need to keep all the bills in your name though and deal with that accordingly with your friends. Whether you decide to sleep in your home when you are back in the UK is entirely up to you but if you retain the right to do so then you will technically be a resident landlord and will not require consent to let to take in a lodger.
The above is based on a number of assumptions of course. If any of them are incorrect please tell me and I will see what else I can come up with that might be more appropriate.
The above does not constitute advice and should not be construed as such.
.
Member Since July 2013 - Comments: 561
2:53 PM, 11th March 2015, About 11 years ago
If you can keep one bedroom with some of your clothes in and turn up to use it a few times without giving notice to your lodgers so much the better!
Your lodger must not have exclusive use of the property, or of any rooms in the property. Just emptying the bins without asking first is often enough to prove this.
The above does not constitute advice and should not be construed as such.