The Loans for Mortgage Interest (Amendment) Regulations 2021

Amendments to the Loans for Mortgage Interest Regulations 2017

2.—(1) The Loans for Mortgage Interest Regulations 2017(1) are amended as follows.

(2) In regulation 2 (interpretation) after the definition of “close relative” insert—

““conveyancer” means—

(a)

in England and Wales, a conveyancer within the meaning of rule 217A of the Land Registration Rules 2003(2);

(b)

in Scotland, a solicitor or advocate within the meaning of section 65 of the Solicitors (Scotland) Act 1980(3), or a conveyancing practitioner as defined in section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(4);”.

(3) In regulation 15 (interest), in paragraph (4) replace “regulation 16” with “regulations 16 and 16A”.

(4) In regulation 16 (repayment) in paragraph (1) for “The outstanding amount” substitute “Subject to regulation 16A, the outstanding amount”.

(5) After regulation 16 (repayment) insert—

“16A.—   Transferring the loan between properties

(1) Subject to paragraph (6), where the conditions in paragraphs (2) and (3) are met, regulation 16 (repayment) applies in relation to the new property referred to in paragraph (2) instead of in relation to the relevant accommodation (“Property 1”).

(2) The first condition is that the claimant or the claimant’s partner informs the Secretary of State that it is proposed to sell Property 1, and requests that the outstanding amount be transferred from Property 1 to a new property (“Property 2”).

(3) The second condition is that prior to the completion of the sale of Property 1—

(a) the conveyancer dealing with the sale of the property has provided a written undertaking to the Secretary of State to do the following—

(i) to discharge the charge (in England and Wales), if any, or standard security (in Scotland), if any, in favour of the Secretary of State; and

(ii) to transfer the outstanding amount to the conveyancer for the claimant or the claimant’s partner, if not also acting on their behalf; and

(b) the conveyancer for the claimant or the claimant’s partner has provided a written undertaking to the Secretary of State to do the following—

(i) to register a new charge (in England and Wales) or standard security (in Scotland) in favour of the Secretary of State for the outstanding amount in respect of Property 2; and

(ii) if completion of the sale and completion of the purchase do not happen simultaneously to hold the outstanding amount to the order of the Secretary of State until completion of the purchase of Property 2.

(4) Where the Secretary of State meets the reasonable costs incurred by the conveyancer for the claimant or the claimant’s partner for the purpose of transferring the loan from Property 1 to Property 2—

(a) these costs may be added to the outstanding amount of the loan; and

(b) any costs added to the outstanding amount are to be considered as a loan payment for the purpose of accruing interest under regulation 15.

(5) For the purposes of sub-paragraphs (a)(ii) and (b)(ii) of paragraph (3)—

(a) in England and Wales, where the available equity in Property 1 as referred to in regulation 16(4), or, as the case may be, the amount of the equitable interest or interests, as referred to in regulation 16(5), is or are less than the outstanding amount, the reference in those sub-paragraphs to the outstanding amount is a reference to the available equity or to the amount of the equitable interest or interests, as the case may be; and

(b) in Scotland, where the available equity in the whole or part of Property 1 over which the standard security is held, as referred to in regulation 16(6), is less than the outstanding amount, the reference in those sub-paragraphs to the outstanding amount is a reference to the available equity.

(6) If completion in respect of Property 2 does not take place within twelve weeks beginning with the date that completion of the sale of Property 1 occurs or by such later date as the Secretary of State may agree then paragraph (1) does not apply and the outstanding amount under regulation 16, together with any future interest which accrues on that amount under regulation 15, shall be immediately due and payable.

(7) For the purposes of this regulation references to a claimant includes a former claimant.

(8) Where, under paragraph (1), the provisions of regulation 16 apply in relation to Property 2, this regulation applies as if any reference to the relevant accommodation were a reference to Property 2 (with no limit to the number of times this regulation may be treated as applying in relation to a new property).”.

(6) In paragraph 15 of Schedule 3 (living in other accommodation due to fear of violence)—

(a) in sub-paragraph (1) for “Sub-paragraph (2) applies” substitute “Sub paragraphs (2) and (3) apply”;

(b) in sub-paragraph (3) after “liable to make” insert “owner-occupier”.

(1)

S.I. 2017/725. The relevant amending instrument is S.I. 2018/307.

(2)

S.I. 2003/1417. Rule 217A was inserted by S.I. 2011/1410.

(3)

1980 c. 46; the definition was inserted by Schedule 4 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp. 4).

(4)

1990 c. 40.