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MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 990
Experience:  20 years experience in Wills and Probates and Trusts
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I have a question: is it a criminal offence to let to live

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Hi,
JA: Hello. How can I help?
Customer: I have a question: is it a criminal offence to let to live in buy to let property for a family member while living in his property?
JA: Where are you? It matters because laws vary by location.
Customer: Mersyside
JA: What steps have you taken so far?
Customer: No, steps. Just my brother in law is living for free in our let to buy flat. We live in his house. Just worried if it is a criminal offence. Thanks
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No. Thanks

Good afternoon, thank you for your question. It is not a criminal offence to let a family member live in your buy to let property, however, it may well be a breach of your mortgage conditions which may well impact on your property insurance. These are the areas that you would need to check.

Kind regards

Marian

Customer: replied 15 days ago.
Good afternoon MarianC,
Many thanks for your prompt reply.
Kind regards,
Paul

Thank you, ***** ***** have any further questions?

Customer: replied 15 days ago.
Actually, yes. Now with all these regulations with electricity certificate for landlords. Does it applies to us. We have no tenancy agreement between us. We are planning to sell our flat to my brother in law and he is selling his house to us.
Customer: replied 15 days ago.
Does it apply to us?

I'm not sure, I am not well versed in landlord and tenant issues. I would assume for everyone's peace of mind you would have had gas and electricity safety checks. As I said, if the property caught fire and burnt down your insurance may not pay out.

Customer: replied 15 days ago.
I see. Ok. Many thanks.

It usually is a condition of a buy to let mortgage that family members don't rent it, I don't know about simply occupying the property, that is something you need to check. Sorry.

Customer: replied 15 days ago.
Hello Marian. Thank you for your reply. I just wanted to clarify the situation. We had a consent to let on our property and it was let out to tenants. Then we applied for a buy to let mortgage and remortgaged the property. After we applied for the remortgage, but before the we signed the final documents, the tenants moved out. My brother was renting at the time, but he had a conflict with his landlady, and we have agreed that the would temporarily stay in the property which became empty. The tenants have moved out in September 2019 and the BTL mortgage deed was signed in November 2019. When we signed the buy to let mortgage deed we did not inform the bank that the situation changed and my brother lived there, because we thought that the situation would be temporary. However, everyone's situation in the family changed and he is still there. Now we have agreed to sell the property to my brother to end this situation, but we are worried that it would be flagged to the mortgage company when we repay the mortgage. Could you please confirm that we have not committed a crime by letting him stay there (we thought temporarily)? Also, what is the worst that can happen to us if the bank finds out he was living there?

I have said that you have not committed a crime. The worse is that you have breached the terms of the consent to let (is it leasehold?) and breached the mortgage conditions, I suggest that you simply sell it as soon as possible.

Customer: replied 15 days ago.
Thank you. A weight has lifted. :)

Thank you, ***** ***** no deliberate attempt to fraudulently obtain mortgage monies but you have to be really carefull!

Do you have any further questions?

Customer: replied 15 days ago.
it was not deliberate. Many thanks! Have a lovely weekend.

Thank you, ***** *****

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