You are reading a single comment by @Brommers and its replies. Click here to read the full conversation.
  • ta also @andyfallsoff @danstuff @jackbepablo

    Ok I remembered a verbal conversation with mortgage adviser who said if someone moved in I would need to notify them and they would need to sign a statement, but in the terms, maybe not necessary:

    Your conveyancer must check if any other person over 17 years old will be living in the property on completion and if they will have any legal, equitable or beneficial interest in the property.... If any other person will be living in the property they must complete and sign a Deed of Consent...

    So this is only about the initial purchase, right? Not if someone moves in later? Would this apply again during remortgaging?

    You must occupy the whole of the property on completion and throughout the mortgage, free from any tenancies or third party rights of occupation unless we have agreed otherwise elsewhere in this mortgage offer or separately in writing.

    I'm a bit unsure what this means, I get that I can't rent it out, but other than that - when are third party rights of occupation acquired? Only through eg a tenancy contract, or just by someone living there?

  • So this is only about the initial purchase, right? Not if someone moves in later? Would this apply again during remortgaging?

    Yes, no, yes.

    I'm a bit unsure what this means, I get that I can't rent it out, but other than that - when are third party rights of occupation acquired? Only through eg a tenancy contract, or just by someone living there?

    It's a bit unclear as it's trying to be user-friendly and so uses non-legal language. A Significant Other living with you wouldn't have a tenancy, but merely a bare licence which gives them no right to occupy the property without your consent. I doubt a bare licence would count as a 'third party right of occupation' on any sensible reading of the mortgage. I think you'd be fine.

    Anyway, the real reason mortgagees include that provision is so that if you do grant a tenancy or give someone else an interest in the property, they're not bound by it. They don't really care if you do or not - they just want to make sure that they're not bound by any arrangements you make. And telling you that you can't do it provides them with that protection.

  • Ok - thank you :)
    That's been on my list of "life things to deal with" for ages and I'm glad to not have to worry about it for another few years.

About

Avatar for Brommers @Brommers started