FCA have made it plain in recent emails to firms getting authorised that post equity release review of June 2020 they expect much greater detailed scrutiny of buy to let and Let to Buy cases arranged by brokers.
The main reason for this is that statistically, the Let to buy market and BTL area are where there is possibly a high level of potential fraud. Why, because unscrupulous brokers arrange a BTL where the person is actually going to use the property as a main residence, because the income / affordability does not work if done on a standard residential mortgage, but with rental income, and, as with some lenders, less specific requirements for the person taking out the mortgage to have a minimum income in place, etc etc, the process is potentially open to abuse.
Similarly some wanting to rent out their own house in order to buy something else may not tell the whole truth, and rent to a family member, which is again, generally not allowed, although there are one or two exceptions.
Buy to let mortgages which are regulated include those where more than 40% of the property is used or will be used by the borrower or a member of the borrowerâ€™s immediate family as a residence. These are referred to as â€˜Consumer Buy To Let mortgagesâ€™ and are assessed as if they were normal residential mortgages.
Another group afforded greater protection are known as â€˜accidental landlordsâ€™. This is often where someone finds themselves in the market not by choice but through necessity. These include owners who may have inherited a property they now wish to rent out. It also includes those who have previously lived in their house, but now need to move, but cannot sell up. An alternative to selling is to rent the property out until the market improves, therefore, a Let to buy.
The lending criteria applied by mortgage providers can also very different.
Some lenders require you to already be a homeowner and to own the property you live in, as this proves, potentially that the property being bought will be rented out and not used as a residential for own purposes.
The maximum loan is not linked to the borrowerâ€™s personal income, which is sometimes disregarded altogether. However many lenders require the borrower to have a minimum annual income of around Â£20,000-Â£25,000, or perhaps more. This is so that they can afford temporary periods without a paying tenant (â€˜void periodsâ€™).
The potential monthly rental is important and can restrict the maximum mortgage available. Often this must be around 145% of the monthly mortgage interest payment on any given loan size. A common â€˜nominalâ€™ interest rate of 5.5% is used for this calculation irrespective of the actual product interest rate.
Maximum loans tend to be around 75% â€“ 80% of the property value.
Set up and arrangement fees do tend to be higher than for residential loans / mortgages. There are fewer lenders offering buy to let mortgages than residential.
Many buy to let loans are conducted on an â€˜interest onlyâ€™ basis. As the property itself will eventually be sold and can pay off the mortgage, lenders are not worried about the need for capital repayments to be made. this is very different to the residential mortgage market lending criteria.
It is often possible to have a portfolio of properties with just one mortgage lender / provider, if this is desired, or different if not. Some schemes offer high flexibility, allowing you to pay off lump sums, underpay and take temporary payment holidays. This can be useful if you suffer temporary periods when you cannot get a tenant.
Lenders are comfortable with older borrowers, whereas residential mortgage lenders generally like the loans to be repaid by retirement, whether state / preferred etc.
Those who own four or more buy to let properties are normally known as â€˜Portfolio Landlordsâ€™, and the lending rules are again different for this group, and have different affordability requirements etc for any mortgage borrowing. Good reason to speak to a broker.
The FCA are now looking for enhanced advice and checking processes to be adopted by brokers to ensure, that as far as possible, there is no possible chance of a client / customer ending up with â€œthe wrong type of mortgageâ€.
In essence, this means that your process for providing advice needs to be more robust going forward, and therefore additional due diligence will be required around the advice process.
The key area here is to ensure that there is no possibility that the individual you are dealing with is trying to â€œwork the systemâ€.
Although you are not permitted to actually ADVISE a client if a BTL or LTB is a good proposition, you are able to ensure that you have discussed all aspects of the proposed solution.
Very similar to the above, but obviously, as the client is potentially going to â€œrent out main residenceâ€ to facilitate a move, it needs to be verified that that what he is actually going to doâ€¦â€¦
Be aware, there are anomalies to the general rules around Family members depending on the status of the individual who owns the property, and the status of the family member being dependent etc.
Individual research for each case is therefore essential.
IFAC recommend that this document is acknowledged by the customer â€“ by signature or by email.
Click here for FF addendum on B2L that all firms should start