Buy to Let - RBS- First Active Conveyancing Requirements for Properties Let at Completion
RBS- First Active legal requirements are set out in Part 1 of the December 1st 2014 version of the CML Handbook which provides that unless it is clear from the mortgage offer that the property is let or is to be let at completion then you must check with RBS- First Active as to whether RBS- First Active lend on "buy-to-let" properties and that the loan is for that purpose.
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Previously updated on 07/11/2024 Part 2 of the UK Finance Lenders’ Handbook for RBS- First Active deals with who you need to contact If different from paragraph 1.11, i.e the contact point if property is let or to be let. It also deals with whether RBS- First Active lend on buy-to-let
As detailed above in 1.11a, though we only need to be contacted if it appears from the mortgage offer or the instructions that we are not aware that the property is let or to be let.
In situations where the premises, or part of it, is currently let, or is to be let at completion, then the letting must comply with the details set out in the RBS- First Active mortgage offer or any consent to let RBS- First Active issue. If the letting does not comply, or no such details are mentioned, you must report the position to RBS- First Active
Part 2 of the UK Finance Lenders’ Handbook for RBS- First Active specifies who you must contact If different from 1.11, i.e the contact point when you do not have details of current letting or letting to take place at completion:
As detailed above in 1.11a.
Conveyancing solicitors on the RBS- First Active solicitor panel,when it comes to buy to let properties need to check Part 2 of the UK Finance Lenders’ Handbook as to whether counterparts or certified copies of all tenancy agreements and leases in respect of existing tenancies must be sent to RBS- First Active after completion
In addressing the question whether the lender requires a counterpart tenancy agreement to be sent RBS- First Active specifically states:
Yes, a certified copy to be sent after completion.
The information contained within this webpage is for general information purposes only for lawyers in England and Wales, it does not constitute advice and you should always check the UK Finance Lenders’ Handbook for RBS- First Active Buy to Let requirements as well as the mortgage offer. Whilst we endeavour to keep the information up to date and correct but does not make any representation or warranties of any kind about its completeness, accuracy, reliability or suitability. Any reliance you place on the information is strictly at your own risk. Lexsure will not be liable for any direct or indirect loss or damage arising out of or in connection with the use of this information. The same caveat applies to members of the public looking at this page. If you wish to find a buy to let conveyancing specialist on the RBS- First Active panel or a buy to let mortgage broker click here.
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