Buy to Let - HSBC UK Bank Conveyancing Requirements for Properties Let at Completion

HSBC UK Bank buy-to-let obligations are explicit in Part 1 of the Council of Mortgage Lenders’ 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 HSBC UK Bank as to whether HSBC UK Bank lend on "buy-to-let" properties and that the loan is for that purpose.

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Last updated on 30/04/2024 Part 2 of the UK Finance Lenders’ Handbook for HSBC UK Bank 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 HSBC UK Bank lend on buy-to-let

• Our requirements are:
1. The agreement between the mortgagor and the tenant(s) must not result in the tenant(s) having the benefit of any security of tenure over and above the contractual term of the tenancy:
2. The Bank must be able to obtain vacant possession at the end of the term if required.
3. The tenancy agreement, and the entry into of it, must be valid and properly constituted
4. If the property is leasehold tenure, the lessor’s/freeholder’s consent is obtained.

We will accept the following types of tenancy agreement:

• An Assured Shorthold Tenancy (“AST”) under the Housing Act 1988, which meets all of the statutory requirements including the following criteria:
i. The tenant must be an individual:
ii. The property must be occupied as the tenant’s only or principal home; and
iii. The tenancy must be dated on or after 28 February 1997 and must not be one that can become an Assured Tenancy
iv. The term of any AST agreement, including any extension periods contained within the agreement, must not exceed 3 years.

• In the case of properties in Wales, a Standard Contract that meets the relevant statutory requirements under the Renting Homes (Wales) Act 2016 including the following criteria:

i. The tenant must be an individual;
ii. The property must be occupied as the tenant’s or tenants’ only or principal home with no right to sublet or charge all or part of the property;
iii. The tenancy must not be one that can become a secure contract;
iv. Compliance with the fundamental provisions requirements set out in the Renting Homes (Wales) Act 2016 as applicable;
vi. The term of any Standard Contract, including any extension periods contained within the agreement, must not exceed 3 years.

• a Company Let (a residential letting to a company which permits occupation of the property by an employee of the company tenant) which does not fall within the provisions of the Housing Act 1988 (as amended by the Housing Act 1996). Please note that neither the company nor the occupant will have security of tenure and the term of any Company Let agreement must not exceed 12 months.

We do not require sight of the AST agreement or the Company Let agreement.

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 HSBC UK Bank mortgage offer or any consent to let HSBC UK Bank issue. If the letting fails to comply, or no such details are specified, you must report the position to HSBC UK Bank

Part 2 of the UK Finance Lenders’ Handbook for HSBC UK Bank deals with 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:

This lender has not published an answer to this question. Please contact the lender.

Conveyancing solicitors on the HSBC UK Bank conveyancing 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 HSBC UK Bank after completion

In addressing the question whether the mortgage company requires a certified copy letting agreement to be sent HSBC UK Bank says:

No

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 HSBC UK Bank 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 HSBC UK Bank panel or a buy to let mortgage broker click here.