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Buy-to-let landlords set to suffer more regulation from the EU

John Fitzsimons
by Lovemoney Staff John Fitzsimons on 02 December 2011  |  Comments 17 comments

New rules could mean buy-to-let mortgages are underwritten the same way as normal mortgages. And that would spell bad news for landlords.

Buy-to-let landlords set to suffer more regulation from the EU

If there’s one thing landlords can’t stand, it’s red tape. When the last government talked of launching a landlord register, to monitor the standards being offered by different landlords, there was uproar.

So it’s unlikely that a new directive from the European Union (EU) will go down too well with them.

The EU is pushing a draft directive on Credit Agreements Relating to Residential Property (CARRP, which as acronyms go, is pretty close to perfect). And in this directive, it makes the case that buy-to-let mortgages should be regulated in exactly the same way that traditional, owner-occupied residential mortgages are.

This is how things currently work on the continent, and it sounds like a perfectly reasonable thing to want. Why shouldn’t buy to let be monitored in exactly the same way that residential mortgages are?

Why it would hurt landlords

However, the impact of such a move would be pretty significant. When it comes to working out whether to approve a landlord for financing, a lender would no longer be able to take the anticipated rental income from the new property into account. Under this new directive, instead, the main criteria would become the prospective borrower’s earnings.

That’s all well and good with owner-occupied mortgages, but with buy to let, funding would grind to a halt pretty sharply. And that wouldn’t just hurt landlords looking to expand their portfolios – it would also reduce the likelihood of them accessing remortgaging finance. Having one investment property, let alone a whole portfolio of them, would become pretty difficult.

Flooding the market

So, we have a situation where professional landlords can’t afford their existing mortgages, or to buy new properties. Extrapolate from that and we could see landlords having to sell off chunks of their portfolios, with less demand from investors for properties on the market, and suddenly we have a flood of properties on the market, and a greatly reduced number of people in a position to buy.

In theory, that would lead to falling house prices, something many people are desperate to see (and have been expecting, nay, predicting ever since the credit crunch first hit). And the idea is that once house prices fall, suddenly first-time buyers will be able to afford the properties that otherwise those mean buy-to-let investors would have snapped up.

The one hiccup there of course is just how willing the banks are going to be to lend to first-time buyers in a falling price environment, given the way they tightened up over the past few years, but in truth we won’t really know how the banks will react until (if) it happens.

What should landlords do now

The directive will be voted on in the New Year, and is currently slated to come into force in 2013, giving landlords very little breathing space.

If it’s likely to become tougher for landlords to access finance in the future, it makes sense for them to review their current mortgage situation and see whether they can remortgage to a better deal, or at least lock in to a competitive rate for a decent period.

Below, I’ve put together a collection of some of the most competitive mortgages around at the moment. However, the best way to keep on top of developments in the buy-to-let mortgage market, and the varying lending criteria employed by different lenders, is to make use of a decent mortgage broker.

You can pick the brains of our fee-free mortgage team over the phone, by email or even via instant messenger. Just head over to our mortgage centre.

14 blinding buy-to-let mortgages

Lender

Term

Interest rate

Maximum loan-to-value

Fee

Nottingham BS

Two-year fixed rate

3.59%

60%

£1,999

Skipton BS

Two-year fixed rate

3.79%

70%

£2,495

Clydesdale Bank

Two-year fixed rate

5.29%

80%

£999

Leeds BS

Three-year fixed rate

4.19%

65%

£1,499

Nottingham BS

Three-year fixed rate

4.49%

75%

£1,299

The Mortgage Works

Three-year fixed rate

5.64%

80%

3.5% of advance

Northern Rock

Five-year fixed rate

4.59%

60%

3.5% of advance

Skipton BS

Five-year fixed rate

4.89%

70%

2% of advance

Coventry BS

Five-year fixed rate

5.35%

75%

£1,249

Principality BS

Two-year tracker

2.84% (base rate + 2.34%)

60%

2.5% of advance

Northern Rock

Two-year tracker

3.29% (base rate + 2.79%)

70%

3.5% of advance

Nottingham BS

Two-year tracker

3.89% (base rate + 3.39%)

75%

£1,999

Market Harborough BS

Lifetime tracker

3.99% (base rate + 3.49%)

70%

£1,295

Woolwich

Lifetime tracker

4.49% (base rate + 3.99%)

75%

£1,999

More: The best long fixed rate mortgages |  House prices fall as market at quietest level for 40 years

Use lovemoney.com's innovative new mortgage tool now to find the best mortgage for you online.

At lovemoney.com, you can research all the best deals yourself using our online mortgage service, or speak directly to a whole-of-market, fee-free lovemoney.com broker. Call freephone 0800 804 8045 or email mortgages@lovemoney.com for more help.

This article aims to give information, not advice. Always do your own research and/or seek out advice from an FSA-regulated broker (such as one of our brokers here at lovemoney.com), before acting on anything contained in this article.

Finally, we tend to only give the initial rate of a deal in our articles, but any deal which lasts for a shorter period than your mortgage term may revert to the lender's standard variable rate or a tracker rate when the deal ends. Before you take out a deal, you should always try to find out from your lender what its standard variable rate is and how it will be determined in the future. Make sure you take all this information into account when comparing different deals.

Your home or property may be repossessed if you do not keep up repayments on your mortgage.

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Comments (17)

  • Fiamma
    Love rating 0
    Fiamma said

    I'm a European legislator hmm, what shall I churn out masses of pointless regulations on next? I know buy to let mortgages! This legislation would actually benefit the big buy to let players who are able to buy houses for cash. It will be the small time would be landlords who will be cut off from the market. You can say no to CARRP by registering your vote on the government's epetition site:

    http://epetitions.direct.gov.uk/petitions/22767

    I don't think the UK needs financial advice from the EU at the moment.

    Report on 08 December 2011  |  Love thisLove  0 loves
  • matchmade
    Love rating 33
    matchmade said

    I'll answer golfandwine's points in turn:

    - "It has deprived millions from owning their own home."

    The BTL market is only a small part of the housing market: the real problems are the lack of supply of new housing, large-scale immigration so there are more people seeking houses, ever-smaller households ditto, and increasing disparity in wealth coupled with a house price boom. I'd also add a tax system which unduly benefits homeowners (tax free capital gains on main houses), so people see housing as a free lunch investment. If we taxed house price rises at 28% as BTL landlords have to do, this would quickly change the minds of those who claim people have a right to own their own home but are heavily influenced by the tax-free nature of homeowning and resentful that they are missing out. Instead of blaming landlords, you should be criticising a tax system that unduly benefits homeowners.

    It's also true that the private rental market is far more varied, of higher quality and with many more options than it used to be. People want to rent housing, and the current situation is much better than it used to be; it's also more affordable than owning a house, because tenants don't pay a penny in maintenance costs, are protected from interest rate rises, and effectively gain the use of the landlord's embedded capital for free. Landlords do not make good profits: they make 5% gross, barely enough to cover the mortgage interest, let alone maintenance costs and all the running costs. Tenants are also often living in better-quality accommodation than they could afford as buyers, and they have greater protection from fire and leaky boilers, whereas homeowners are not obliged to check their property and can burn and gas themselves as they wish.

    -It sucks vast sums from the public purse, much of which ends up with the bankers in the form of interest.

    How? Do you mean housing benefit? But this goes to all landlords, not just BTLs, and would be payable anyway: the people claiming benefit are not going to go away just because you abolish BTL.

    -It fuelled the house price boom helping to bankrupt the financial system.

    I repeat, BTL is only a small part of the market. Regular housebuyers and their mortgage companies were the major part of the boom: what do you propose to do about that? Stop people from buying houses?

    -It caused developers to build the wrong type of homes i.e. 'investment flats', in place of family homes.

    No, Government housing density rules and the requirement or developers to give away 33% of their houses for free to housing associations as "affordable" homes meant the only option for developers has been to build smaller units. Also, S106 taxes encourage developers to build flats: in my area, you have to pay £20K to build a 4-bed house, and nothing if you build a 1-bed flat. I'm a property developer and occasional landlord and I would never build flats just because of the BTL market. And anyway, most BTL landlords go for small 3-bed second-hand houses, not flats, as they are cheaper and give better returns.

    -It has forced millions to live in poorly insulated homes with no security of tenure.

    There are millions of people living in poorly-insulated owner-occupied houses: are you complaining about them? No security of tenure: it's inherent in the landlord-tenant relation, and plenty of tenants positively want this, as it gives them freedom of movement to end the tenancy when they wish. Security of tenure, irrespective of behaviour and at fixed rents completely destroyed the private rental market before Assured Shorthold Tenancies were introduced in 1988: it doesn't work and no-one has proposed a better solution than ASTs. Landlords *must* be able to get rid of tenants who misbehave and do not pay their rent, just as mortgage provders can repossess owner-occupied housing.

    -It allows tax evasion on a grand scale.

    Where's your evidence?

    You also fail to deal with another basic issue, which is why people choose to become BTL landlords in the first place. It's because investment returns from other sources are so poor. If you had a spare £50K, where would you invest it? In the stock market, which has seen no returns for over 10 years, with high charges and no ability for an individual to influence investment outcomes? In a pension, ditto? In a cash ISA, where your money will just rot away and decay in real terms against inflation and charges? Or in a rental property, where you can maintain and improve the investment through your own efforts, as well as provide housing for people who need it and whose rent at least covers the mortgage interest, but no more than that?

    Report on 09 December 2011  |  Love thisLove  0 loves

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