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Check A Ll's Mortgage Is Btl

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Ask the LL to supply the evidence. Onus is on them

I agree. If you know that the property is mortgaged (and, if the property is registered, you can easily check that by going to the LR site: https://www.landregistry.gov.uk/wps/portal/Property_Search ) you must ask the landlord to supply the lender's consent or evidence that consent is not required.

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I agree. If you know that the property is mortgaged (and, if the property is registered, you can easily check that by going to the LR site: https://www.landregistry.gov.uk/wps/portal/Property_Search ) you must ask the landlord to supply the lender's consent or evidence that consent is not required.

Well I am sure that the house is mortgaged as his statements come here. I am going to ask for proof he is allowed to rent the place. As a side note, if it is his only house and he receives rental income on it does he still have to pay income tax or is that for people with multiple properties?

Thanks again.

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Well I am sure that the house is mortgaged as his statements come here. I am going to ask for proof he is allowed to rent the place. As a side note, if it is his only house and he receives rental income on it does he still have to pay income tax or is that for people with multiple properties?

Thanks again.

If his statements are going there-there is only one logical explanation, it's not a BtL and he doesn't want the bank to know he's letting it out. If he was actually living there and you were logging then he can charge up to some limit (don't know what it is) without paying tax. But as it is being operated as a let then he'd have to pay tax on the income. Looks like you can really screw him over.

Edited by zebbedee

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Checking on whether the landlord had any required consent to let after the tenancy began does not really serve any purpose other than, if the consent is produced, providing peace of mind.

As between landlord and tenant the tenancy is binding and neither can get out of it on the grounds that any required consent was not obtained.

However, if and only if, consent was required and was not obtained, the tenancy does not bind the lender until the lender does something that indicates it accepts the tenancy.

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Checking on whether the landlord had any required consent to let after the tenancy began does not really serve any purpose other than, if the consent is produced, providing peace of mind.

As between landlord and tenant the tenancy is binding and neither can get out of it on the grounds that any required consent was not obtained.

However, if and only if, consent was required and was not obtained, the tenancy does not bind the lender until the lender does something that indicates it accepts the tenancy.

Yes, but it does put the tenant in a position of strength re negotiations on rent increases. e.g. a 5% increase? really? i'll have to move out and send this letter to the inland revenue and your mortgage lender in order to make sure i feel morally clean. so sorry. oh, no rent increase after all.....how kind.

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Checking on whether the landlord had any required consent to let after the tenancy began does not really serve any purpose other than, if the consent is produced, providing peace of mind.

As between landlord and tenant the tenancy is binding and neither can get out of it on the grounds that any required consent was not obtained.

However, if and only if, consent was required and was not obtained, the tenancy does not bind the lender until the lender does something that indicates it accepts the tenancy.

Just to add to that - my landlord took out the mortgage long after granting me a tenancy and it is my understanding that in this case it is binding on the lender.

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Just to add to that - my landlord took out the mortgage long after granting me a tenancy and it is my understanding that in this case it is binding on the lender.

Correct - unless you agreed otherwise.

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As between landlord and tenant the tenancy is binding and neither can get out of it on the grounds that any required consent was not obtained.

But the lender can, and repo the property and evict the tenant in the process.

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  • 312 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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