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Rooftop Mortgages - Letting Issue

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  • Rooftop Mortgages - Letting Issue

    Hi Guys,

    Thanks in advance for any help - its my 1st post so here its goes (apologies if I miss anything out)

    In a nutshell we bought a property in August 2007 which was our 1st house. I know that most of you will be rolling your eyes at the next section however because I suffered with credit difficulties during this period we opted for what seemed like a good mortgage offer from Rooftop Mortgages. Unfortunately we bought the property at the height of the market for £93k (£6k deposit) on a residential repayment mortgage over 30 years. For info the property is a 1st floor maisonette.

    Naturally, we quickly outgrew this property and due to the unfortunate 'crash' in the housing market in 2008 the property had no re-sell value leaving us with limited options. We remained on the fixed rate period for 2 years and subsequently moved onto the variable rate under our mortgage conditions until 2010 whereby we vacated the property with a view to sell or rent depending on the advice from Rooftop Mortgages. This was a massive relief to us during this period as we went from paying £650 fixed pcm to £420 variable pcm which is what it is currently.

    As you are probably aware in 2008 Rooftop Mortgages ceased trading therefore no further lending was acknowledged from the bank and we were left with very little or no help from Rooftop Mortgages, other than to continue living at the property.. Any time that we asked Rooftop for help of which their response generally required us to send an 'administration fee' of £125.00 which as you can imagine was totally pointless.

    The property remained part vacant during the period of 2010-2011 whereby we made the conscious effort to sell with no joy. In 2012 the property was valued at £80,000 with the redemption figure on our mortgage being approximately £79,000 therefore leaving us in negative equity even if we had managed to sell. In our opinion, we did not feel that this was our best option and knowing that we didn't have 25% equity in the property value we knew a re-mortgage was also out of the question. Therefore, in 2012 we wrote to Rooftop (along with a £125 admin fee) asking for permission for the property to be let. Within a couple of weeks Rooftop provisionally agreed for us to let on a 6 monthly term basis and it has been let to this day albeit against Rooftops wishes.

    During the last couple of months we have again had several conversations with Rooftop Mortgages who have expressed to us that they were not happy that the property was to be let long term as we had a residential mortgage and this is against their terms and conditions. In return we explained to them that we had no other option as we had recently had the property re-valued at £80k and the redemption figure on our mortgage was £77k which would rely on us selling the property at market value if were to break even.

    Of late Rooftop have become very formal over this matter and have stated that we have 2 options - either move back into the property or redeem the mortgage. If this is not adhered to then we will face court action.

    As you can appreciate a lot has happened since 2010 for example we have moved into a new house (with a better mortgage provider) and on the brunt of it we could not afford 2 mortgage payments if we're forced to evict our tenants. We have appealed this decision with Rooftop explaining our reasons and even wrote to the Financial Ombudsman who ruled in favour of Rooftop and therefore they are not willing to budge on their decision. Our plan eventually would be to either re-mortgage or sell the property however at this stage we cannot afford to do either.

    We feel that the current situation is out of control and has the potential to financially ruin our lives should a court decision go in favour of Rooftop Mortgages. Currently we have the opportunity to appeal the Ombudsman's decision however this could take 6 months approximately of which I am told Rooftop are within their right to start legal proceedings if I go down this route.

    We think that because Rooftop went out of business/ceased trading then this has left us with no other option but to become default landlords through no fault of our own and Rooftop have offered us no advise or help regarding our financial situation. We have explained to Rooftop that our intentions are to gain enough equity in the property to either sell or re-mortgage so that we can redeem with Rooftop but this may take a few more years before we have paid more off the mortgage and house prices increase. Additionally, I fear that if we are made stop letting the property then we will fall into arrears on an account which we never previously missed a payment on.

    If someone could advise on what our next step should be that would be appreciated. masroll:

    Regards
    Wayne

  • #2
    Re: Rooftop Mortgages - Letting Issue

    Hi. As long as the tenancys were ztandard ast. I did not think they could stop you. The clauses in morgages against letting are usualy just to make sure any letting is legal and insured. Ie. If the contracts are standard ast. And your building insurance covers your tenants.

    What specificaly is there objection. And exactly what did the fos say
    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

    Comment


    • #3
      Re: Rooftop Mortgages - Letting Issue

      Originally posted by Crazy council View Post
      Hi. As long as the tenancys were ztandard ast. I did not think they could stop you. The clauses in morgages against letting are usualy just to make sure any letting is legal and insured. Ie. If the contracts are standard ast. And your building insurance covers your tenants.

      What specificaly is there objection. And exactly what did the fos say
      Hi,

      Thanks for your reply.

      Rooftops main objection is that my mortgage is currently for 'residential purpose' which requires me to live the property as opposed to it being a 'buy to let' mortgage which permits someone else living in the property - This is Rooftops words.

      The FOS adjudicator has stated that Rooftop are acting within their rights to enforce their policy which states I must live at the property if it is a 'residential mortgage' of which they are also within their right to start legal proceedings if we continue to let the property out. For info, they have asked for proof of residence if we decide to move back into the property.

      Regards
      Wayne

      Comment


      • #4
        Re: Rooftop Mortgages - Letting Issue

        Originally posted by Crazy council View Post
        Hi. As long as the tenancys were ztandard ast. I did not think they could stop you. The clauses in morgages against letting are usualy just to make sure any letting is legal and insured. Ie. If the contracts are standard ast. And your building insurance covers your tenants.

        What specificaly is there objection. And exactly what did the fos say
        Apologies for multiple post but for info the tenancy agreement is a standard AST and the property is insured 100% via mandatory council insurance.

        Comment


        • #5
          Re: Rooftop Mortgages - Letting Issue

          Am sure I am missing something but if sale valuation is £80k and redemption value £77k, why not just sell it.

          Comment


          • #6
            Re: Rooftop Mortgages - Letting Issue

            Originally posted by stevemLS View Post
            Am sure I am missing something but if sale valuation is £80k and redemption value £77k, why not just sell it.
            Good point but we are hypothetically speaking in my opinion. We need to bank on the property selling for a minimum of approx. £78k in order to just break even otherwise we would be in negative equity. Additionally we also have to assume that the property also sells within 8 weeks as any longer than this we couldn't afford to pay 2 mortgages whilst the property is empty?

            Comment


            • #7
              Re: Rooftop Mortgages - Letting Issue

              Surely though, even if you sell it for a small amount less than the mortgage, it is worth taking the loss to get rid of this millstone - you are already contemplating having to pay for two mortgages - unless and until you get it on the market, you don't have the full picture?

              Comment


              • #8
                Re: Rooftop Mortgages - Letting Issue

                Hi

                i understand your reasons for not selling yet, as at them figures, you still loose a lot afters costs and fees.

                re them refusing to allow you to rent it out.
                Therefore, in 2012 we wrote to Rooftop (along with a £125 admin fee) asking for permission for the property to be let. Within a couple of weeks Rooftop provisionally agreed for us to let on a 6 monthly term basis and it has been let to this day albeit against Rooftops wishes.
                Are they saying they agreed this on a short term basis ?

                Ok, provisionally, i would try the following ( if the statements below are accurate )

                Your simply unable to remorgaee, sell, or act in the way they are suggesting
                and its currently rented, and both mortgages are being paid, so you dont want to rock that boat.
                It would be your intent to sell as soon as finacialy viable

                There may be no way to sort this out at this stage but thats not neccaserrly bad, as everyone getting paid and the debt is insured.

                If they do take further action, back yourself up now by making the position clear to them. Write to them formaly, stating the points above,

                In the letter, make it clear that if there was an option you could take without serious financial loss, you would.
                Then state, the currnet position is and has been, since they agreed for you to let in 2012, that the morgaee is getting paid.

                Then, state, before they take further action, please consider all the points mentioned, and make a sugestion to you as to the way forward. Also ask them, to state

                1. What are the financial loss or risk for them for continuing the current situation ( ask them to quantify it )

                2 What would be the financial difference to them, if the morgage was a buy to let ( i know they dont do this, its just to gett the figures )

                If they do take action in court, it seems the contracts may be on there side. The best way to have a chance to counter this in front of a judge, is if its going to make you an unreasonable loss
                crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                Comment


                • #9
                  Re: Rooftop Mortgages - Letting Issue

                  Originally posted by Crazy council View Post
                  Are they saying they agreed this on a short term basis ?

                  Ok, provisionally, i would try the following ( if the statements below are accurate )

                  Your simply unable to remorgaee, sell, or act in the way they are suggesting
                  and its currently rented, and both mortgages are being paid, so you dont want to rock that boat.
                  It would be your intent to sell as soon as finacialy viable

                  There may be no way to sort this out at this stage but thats not neccaserrly bad, as everyone getting paid and the debt is insured.

                  If they do take further action, back yourself up now by making the position clear to them. Write to them formaly, stating the points above,

                  In the letter, make it clear that if there was an option you could take without serious financial loss, you would.
                  Then state, the currnet position is and has been, since they agreed for you to let in 2012, that the morgaee is getting paid.

                  Then, state, before they take further action, please consider all the points mentioned, and make a sugestion to you as to the way forward. Also ask them, to state

                  1. What are the financial loss or risk for them for continuing the current situation ( ask them to quantify it )

                  2 What would be the financial difference to them, if the morgage was a buy to let ( i know they dont do this, its just to gett the figures )

                  If they do take action in court, it seems the contracts may be on there side. The best way to have a chance to counter this in front of a judge, is if its going to make you an unreasonable loss
                  Hi,

                  Thank you for your reply.

                  Yes they agreed to let the property on a temporary basis which ended up being 2 years before they finally objected.

                  Thank you for the advice - I will write to them today stating the above points. I feel that this will ultimately go to court but I'm hoping that as long as I pre-empty the worst case scenario with a letter explaining the situation should they force me to sell then hopefully a judge would show leniency as there no was need to rock the rock as you suggested?

                  Cheers

                  Comment

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