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Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
If you have a standard residential mortgage and not a buy to rent mortgage, then without permission from the mortgage lender, you would be in breach of your mortgage agreement and at worst could even be considered to be committing mortgage fraud.
Many lenders will be flexible as long as you inform them that you want or need to rent the property, so speak to your lender and see what they say.
If you are now selling the property, then unless they ask you when you redeem the mortgage if you have been renting, you could simply keep silent, as the rental has ended and the property sold.But keep in mind for the future that you could get into difficulties renting if the mortgage does not allow you to do so.
The mortgage documents you signed and would have a copy of, would confirm whether you could rent or not. If the lender did decide to to action there would be no defence of “I did not know “ as it would be clear in the documents that were signed.
It is unlikely the solicitor will ask you. They would want to confirm that the property is vacant on completion that is all.
Unlikely, if it is a residential mortgage, they would assume that it is just that, unless they have concerns or suspicions to say otherwise. Most lenders when it comes to a sale simply want there redemption money.
Only if there is a question regarding that.
I can only advice on the legal position, the decision whether to tell then
you have been renting is only one you can make.
An option is to proceed with the sale as normal, and if in the unlikely event they ask that question they say yes.
As the property is being sold, most likely they will do nothing. They could calculate a cost due to them for any difference in rates, they could black lis5 your name to cause problems obtaining another mortgage.
Unfortunately you will be completely in the hands of the mortgage lender and what they would do if they find out.
Good luck which ever way you decide to go.
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