header-logo header-logo

Desperate measures?

16 March 2012 / David Cowan
Issue: 7505 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Could sale & rentback fix the mortgage arrears hole? David Cowan investigates

Sale and rentback transactions seem on their face to be a pretty good way of solving a homeowner’s debt crisis. They get to stay in their own home and may get a capital payment. The buyer gets a capital asset and entitlement to rent (if one is to be charged). It is unclear how many such transactions have taken place but, in 2008, the Office of Fair Trading (OFT) estimated that around 53,000 such transactions had taken place (Sale and Rent Back – An OFT Market Study, OFT 1018, London: OFT).

Transactional risk

Nevertheless, there are considerable risks to the former homeowner (the seller-renter) which arise in these transactions. It is crystal clear that these transactions are not for the faint-hearted or, indeed, for many households in debt. The Financial Services Authority (FSA), which now regulates these transactions, requires firms to provide the following information to potential victims:

“Consider these schemes only as a last resort. Make sure you have looked

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll