Buy-to-Let Mortgage

Lenders can change their tariff of charges at any point, and a mortgage transfer does not prevent a new owner from applying its standard fees to the account.

A regulated firm must cooperate with Financial Ombudsman Service investigations by providing relevant evidence, and complaints may be determined in the absence of such evidence with adverse inferences drawn against the non-responding party.

A lender must communicate properly with a borrower about repossession and sale of property, and account transparently for sale proceeds.

A lender must take reasonable steps to communicate payment obligations to a borrower, but the borrower bears responsibility for maintaining updated contact details and initiating contact if information is not received.

A lender's delays in processing a term extension do not constitute actionable harm if the consumer's subsequent application was dependent on their own decision to increase rental income, which was their choice rather than a requirement impo

A lender is entitled to decline a mortgage application based on its own lending criteria and a suitably-qualified surveyor's valuation, with no duty owed to the borrower in unregulated BTL mortgages.

A lender must issue redemption statements within a reasonable timeframe when a borrower is refinancing, and is liable for losses caused by avoidable delays that prevent mortgage completion.

A lender must correct errors promptly and fairly compensate for inconvenience caused, but compensation reflects actual impact rather than the size of the error refunded.

A lender is not obligated to offer flexibility or forbearance on an unregulated Buy To Let mortgage where the borrower is in long-term arrears and cannot afford the payments, particularly where the borrower has breached the mortgage terms b

A mortgage lender must communicate clearly when payment plans end and must not proceed to appoint a receiver without giving the borrower reasonable opportunity to provide updated financial information for reassessment.

A mortgage lender must properly consider an applicant's evidence and circumstances before rejecting an application, rather than relying solely on database indicators that may be inconclusive.

A mortgage lender is entitled to rely on a professional valuation obtained from a suitably qualified valuer and cannot be held responsible for the valuation figure itself.

A lender is entitled to pursue recovery action for mortgage arrears where the borrower has failed to repay capital after the term expired and has ceased making interest payments, even where the borrower disputes the validity of the property

A lender may be party to an unfair credit relationship under Section 140A of the Consumer Credit Act 1974 only if the credit relationship was rendered unfair by the conduct of the lender or supplier, resulting in financial loss to the consu

The Financial Ombudsman Service lacks jurisdiction over LPA Receivers' actions, unregulated mortgage sales by third-party intermediaries, and time-barred mis-sale claims.

A mortgage lender is not obligated to pay ground rent and service charges on buy-to-let properties absent a court judgment, tribunal decision, or express written instructions from the borrower.

A lender may add Receivers' fees to the mortgage balance when the appointment of Receivers was justified and the contract terms permit such additions.

A mortgage lender who acquires mortgages through transfer has the same contractual rights as the original lender, including the right to charge and recover interest, provided the mortgage terms allow for assignment.

An adviser must provide suitable recommendations based on the consumer's circumstances and must deliver ongoing services that justify any commission retained.

A lender is entitled to collect a scheduled payment by direct debit where no instruction has been given to cancel or modify it, and is not responsible for a consumer's budgeting difficulties arising from that collection.

A lender is not in breach of regulation when it lends at a higher loan-to-value ratio if the borrower was aware of the additional borrowing and had opportunity to understand the loan terms.

A lender may reasonably appoint receivers when a mortgage remains in significant arrears with no agreed repayment arrangement in place, despite the borrower's vulnerability and efforts to engage.

A lender may charge for buildings insurance in accordance with mortgage terms when the borrower fails to provide evidence of their own insurance and does not maintain contact by updating their address as required.

A lender may reasonably verify that a borrower is not living in a property financed through a Let To Buy mortgage, which is a breach of mortgage terms, by requesting supporting documentation.

Overpayment on fixed-rate mortgages with early repayment charges does not trigger an ERC if within the permitted 10% annual allowance and processed according to the mortgage terms.

A lender must accurately report mortgage arrears to credit files regardless of the borrower's circumstances, as the arrears reflect the actual position of the account.

Lenders may offer different rates to existing customers doing product switches versus new customers due to different underwriting requirements and risk assessments, particularly for unregulated Buy To Let mortgages.

A lender may appoint a receiver under mortgage terms when the capital becomes due and remains outstanding, even where the borrower is maintaining interest payments and pursuing separate court proceedings.

A receiver appointed by a mortgagee is the agent of the mortgagor (borrower) not the lender, and under section 109 of the Law of Property Act 1925, the lender is not responsible for the receiver's acts or defaults unless it has instructed t