UK Landlord Forum / Life

In 2006 I bought my property, I couldn't get the mortgage myself and got my brother to help me apply in joint names, he has a council flat, never has lived or paid towards my property or mortgage.

The council has called him in and said he is named on mortgage and land registry and will start eviction notice, any initial thoughts? I'm looking to take legal advise next week but wanted to ask as my brother is distressed with a wife and 6-month old child.

Any input is appreciated.

Jeez... so the starting point here is a mortgage fraud? The Council appears within their rights to be doing what they are and I would get that legal advice ASAP. Your brother, his wife and 6-month old child could soon be living with you... just as the Bank likely expected would be happening, I suppose. Council properties are for people who don't own other property. Grey areas are not what Councils are good at. I mean really not good. Right now, they see a property owner residing in much-needed social housing. Coming clean surely exposes a fraudulent mortgage application?

All of these various organisations are talking more and more these days.

I'd imagine the council property terms and conditions stipulate that the tenant mustnt own a property and rent off them at the same time?  Seems like a slam dunk to me.  Doubt they are interested in the details just the black and white of it.

thanks, I been told to wait for notice of possession and seek legal advice, my brother has never lived or paid towards my house, he helped me out in good faith but I guess the council will not see it like that.

It's not in their interests to do so.

Since 2006 surely times have changed? At that time you couldn't afford to do it on your own... but, surely, now you can? Surely now you would pass affordability checks done by the Lender? It's over a decade ago, after all... and you have been managing, right? So, get your brother off your mortgage and off the title held at HMLR. There may be an admin. fee to do so, there may be hurdles to jump through, it might be basically like you're applying again - but the situation needs to be resolved regardless. I mean, joint names on a Title Register at HMLR is something joint buyers do -husband and wife type stuff. It can stop your brother doing things (believe it or not)... for example, if he'd wanted to buy his own home and get a Help To Buy Loan from the Government - he couldn't, because he owns another property. If he'd wanted to buy in the 11 or 12 years since doing what he did - then he'd now have to pay the extra 3% SDLT, because he owns another property.

While it may have been done in good faith, it's still - strictly speaking - a mortgage fraud and you guys don't want anyone to have any excuse to put you on the Hunter system. I think this was not truly done with eyes open. Now you know more about things you should take steps to correct it.