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Posted by stocksailor99 7 hours ago
Sublet or Serviced accommodation on BTL ltd company rental property

Hi,

I recently opened a BTL ltd company and have bought a 4 bed property. I've been trying to find a family to rent out the property but it has been difficult. Its been 4 months already.

My letting agent has told me that he has had an offer from a company "A" which works with insurance companies to provide temporary housing to families of homes which have sustained damage and subsequently uninhabitable for short or long periods of time. They only house families of one household at a time and no more than 5 individuals.

The offer they are giving is very good. basically only £50 less per month from what i wanted and the contract will be for 5 years. with maximum of 8% increase every year in rents. This will cover me for my entire fixed rate mortgage term of 5 years.

I am trying to find out whether this is legal to do or not.

The terms and conditions of my mortgage state that:

"the tenants of this property will be a maximum of 5 individuals forming a single household. Tenancies for Family members, corporates, housing associations, HMOs, student lets, holiday lets and individuals with diplomatic immunity are not accepted."

It also states

"the tenancy for this property will be a single AST (or Short Assured Tenancy/Private Residential Tenancy in Scotland) of no more than 36 months, but must contain an annual break clause. Single household only - Multiple tenancies not accepted."

The company "A" have asked if our terms allow subletting or serviced accommodation". And as per the terms and conditions I do not see anything like that.

Before I contact the bank who provided the mortgage directly to clarify.
Is there someone who has already done this type of agreement? can someone advise what to do?

The offer is very lucrative but at the same time I want to be sure.

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Posted by Jakes_Snake_ 7 hours ago

Rent to rent is going to be vey risky after renters rights.

Why not take a more active role in fjndjng your tenants.

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Posted by stocksailor99 7 hours ago

Thanks for your reply.

What policy is Labour bringing that will be problematic for my case specifically.?

At the minute I just want to know if this is legal to do or not.

The agent I know is doing it's best. I've been sending the agent inquiries from my friend circle as well.

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Posted by Ok_Entry_337 6 hours ago

You will not be in compliance with your mortgage deed as the contract will not be an AST. It will be more than 3 years and will not have an annual break clause. You are entering into a contractual tenancy where the tenant may change the occupier. Not sure it’s subletting though.

It’s potentially a great deal, but you have to decide whether to ask the lender to amend their terms so you’re in the clear with them.

Someone will probably come along in a minute and say the lender may never check so just wing it.

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Posted by TravelOwn4386 6 hours ago

Your first mistake was buying a 4 bed btl unless you are doing a hmo they will be hard to rent out. 2-3 bed are a little easier to find tenants as most renters will be young couples or families saving for a deposit. Know your market, an empty property is not making you anything.

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