How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10732
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Type Your Law Question Here...
Aston Lawyer is online now

My son took out a government help to buy mortgage and has

This answer was rated:

My son took out a government help to buy mortgage and has since bought a house in Swindon last year. However, his German born wife hasn't settled down in England as she misses her family too much and has now returned to Germany with their 2 year old daughter. My son wants to keep the house as he is a first time buyer and wouldn't get the opportunity again to buy in England but also wants to be with his wife in Germany where they could rent a property. Can he use a tenant to fund his mortgage in this circumstance, or is there any way around his problem without selling his home.


Thanks for your enquiry.

I am afraid that renting out the property would be in breach of the Help to Buy Charge and your Son's main Mortgage.

Therefore, the only thing your Son could do to retain the property would be to apply to his main Mortgage provider to convert the existing Mortgage into a Buy to Let Mortgage and pay off the Help to Buy Charge. I appreciate he may not have the funds to do this, and if so, he could try and re-mortgage for a higher mount to cover the existing Mortgage and the Help to Buy amount. However, as he only purchased last year, I doubt that the property has increased enough in value to do this, as you normally need a 20% Deposit for a Buy to Let Mortgage.

He could of course just go ahead and rent out the property and leave matters as they are, but I can't really suggest this, as he would be breaching the terms of the Mortgage and the Help to Buy Charge.

Sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards


Hi, can I assist any further? If not, I would be grateful if you could rate my answer. Thanks Al

Aston Lawyer and other Law Specialists are ready to help you