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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have an outstanding mortgage with difficulties in paying.

Resolved Question:

I have an outstanding mortgage with difficulties in paying. Can I let my prperty to help payments
Submitted: 6 years ago.
Category: UK Property Law
Expert:  Thomas replied 6 years ago.


Do you have a buy-to-let mortgage, or a normal residential occupier mortgage?



Customer: replied 6 years ago.
normal residential occupier mortgage
Expert:  Thomas replied 6 years ago.


Thanks for your reply.

There will be a mortgage condition in your agreement with your lender that it is to be occupied by you or other family members who have executed a deed of postponement confirming they do have and will not acquire any interest in the property.


If you let the property out to tenants then you will be in breach of this condition and the lender would be entitled to enforce this breach against you if they find out. This would usually involve pay a penalty fee and other costs of the lender associated with arranging for the mortgage to be switched to a buy-to-let mortgage, however it can extend to their issuing repossession proceedings and you would have to pay their fees for this as well.


You should speak to your mortgage company about applying to have the property switched to a buy-to-let mortgage before you let it out. If you are eligible and this is done then you may let the property out under the terms of the buy to let mortgage usually this permits occupation to be given only to tenants under assured short hold tenancies for a term of between 6 months to a year an no longer.


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