The Homeowners Advice Centre Homeowners Advice Centre
Homeowners Advice Centre

Frequently Asked Questions

We understand that you will have a thousand questions at this point - here are a selection of the most popular and the answers.

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General Questions

Sale & Rentbacks

A Quick Sale

I.V.A.'s

Remortgages & Secured Loans

Divorce & Separation

All other Questions

 


What is the Homeowners Advice Centre?
We are an organisation set up by a group of property professionals who wanted to provide free advice to homeowners in distress. We were incorporated in May 2005 and have helped numerous homeowners restructure their debts, sell their houses fast and avoid repossession.

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How do you make your money?
We only make money if we provide you with a solution that you later follow through on. Therefore it is in our interests to ensure that the solutions we provide for you are viable and genuinely benefit you. You never pay us a fee - ever!

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What happens if we do not follow your recommendations? Will you charge us?
NO! It doesn't matter how long we spend with you, or how long we spend researching your solutions, we never ever charge you a penny. Even if you don't go ahead with our recommendation! We already know that out of every 10 people we go and see, statistically there are 2 people that will not follow up on any of the solutions, regardless of the amount of work we put in, so we have already written off that time. You might be one of those 2 clients we cannot help!

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Sale & Rentbacks

What is a Sale And Rentback?
A Sale and Rentback programme helps homeowners who cannot get further credit (due to arrears, credit history or income levels) to restructure their debts by selling their home to us, and arranging to rent it from us until they can buy it back. You have no obligation to buy your home back, but as standard we always write a clause saying we cannot sell the home unless you give us written authorisation. This means that you are always in control, and will always get first refusal on your house at the end of your tenancy agreement.

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Do I have to rent it back?
No. Not at all. Some of our clients like to sell it to us, live in it for a year then move out. In which case, we will split the profit from the house sale once you move out with you, meaning you get 2 pots of money - One when you sell to us and one when we sell on your house. Of course, we are very flexible, and can structure the deal however you want it. We can arrange to pass the profits on to your children, making inheritance tax planning easier.

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Can I just make a straight sale of my house to you?
Yes. We arrange to buy houses from clients all the time. However, and this is true of all "Cash Paid Now" companies, you will achieve a higher price if you were to put it on the open market and wait for it to sell.

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How much will you pay for my house?
We generally pay between 60% and 80% of the house value dependant on your circumstances, and the number of years you want to stay there (we also can split the profit if we sell the house after you have left with you, often bringing the total amount payable to you to 100%). The house is valued by an INDEPENDENT valuer and we have no control over the valuer's survey. You are likely to make more if you put the house on the open market and wait for it to sell. We also offer a scheme where we pay 60% of the value today and 40% at the end of the tenancy which means you will achieve 100% of today’s value.

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Who values my house? Is it you?
We request an independent RICS (Royal Institute of Chartered Surveyors) valuer to value your house, and we have no control over his/her valuation. Almost every house bought with a mortgage is valued this way and a RICS Valuer is notoriously fair with house values, so we know, and you know that the value he assesses is likely to be within 1% of the true resale value at that time. In fact he is that strict that we could not influence his decision in any way even if we wanted to, without him (& us) going to prison for fraud!

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What happens if I don't want to buy the house at the end of the tenancy term?
In the last 60 days of your tenancy agreement, our legal team will write to you to ask you if you want to buy the house. At this time you may do one of 4 things.


1) You can say you do not want to buy the house and move out at the end of the 60 days owing nothing.
2) You can re-negotiate with us to stay for another tenancy term (anything from 1 year to 25 years) and create a fresh option to buy agreement
3) You can buy the house from us at the pre-agreed price.
4) You can continue to rent from us, but we can set aside a portion of your rent to go towards paying off the house. It works out just like a mortgage, but without any credit checks or deposits required.
 

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Who sets the Buy-back price?
The buy-back price is set at the beginning of the term and does not change, regardless of house prices. It is adjusted for Retail Price Index (RPI) inflation, but if it does not matter if your house is worth £50,000 at the end of the term - if we have agreed to sell it for £100,000 we will sell it for £100,000 (adjusted for RPI inflation)

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What happens if I want to move out before the end of the term?
You can give us one month's notice and move out at any time, owing nothing. We will return your security deposit (subject to the house being free of damage), however you will lose the option to buy. This is also true if you stop paying your rent.

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Can you terminate our tenancy agreement?
We can only terminate your tenancy or evict you if you do not pay your rent. If you think you might be a few days late with your rent, then it is always better to tell us up front so we can do something about it.

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I.V.A.'s

What is an I.V.A?
An I.V.A. (Individual Voluntary Agreement) is a legal arrangement to pay your debts over a specified period of time (usually 5 years) at a specified amount per month. Usually, whatever is not repaid at the end of the 5 year term is written off. That is why some debtors (people who owe money) end up paying just 30% of the amount they owed in the first place.

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Am I eligible for an I.V.A.?
Maybe. Call us today and we can assess your situation. If you are not, we have a variety of other programmes that may help you.

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Will I lose my house?
Most I.V.A.'s are set up to ensure that you keep your house. You may be required to release a little bit of equity in the penultimate year, but only if it is agreed that you can afford to.

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Will my creditors stop harassing me?
Yes. Creditors are not legally allowed to pursue you for your debt once an I.V.A. has been approved. This includes Bailiffs.

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Can I set up my own I.V.A?
An I.V.A. has to be administered by an experienced Debt Counsellor and supervised and approved by an Insolvency Practitioner (I.P.). Therefore, unless you know an I.P. then you must use a reputable organisation. Beware: The most reputable companies are not always the ones spending the most on TV adverts!!!

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What is the difference between an I.V.A. and bankruptcy?
In bankruptcy, the Official Receiver (the equivalent of the I.P. in bankruptcy terms) takes charge of all of your assets (houses, pension, shares, investments, companies etc) and will often force a sale of as much as he or she can, to release money to pay your creditors (people you owe money to). You are likely to lose your home at some point, and your name is published in the paper. You also need to notify everyone you do business with that you are an undischarged bankrupt, and you are forbidden from attaining more than £500 in credit without disclosing that you are bankrupt. Also, your credit record will show your bankruptcy for 6 years, and you will often be turned down for a mortgage if you have, at some stage, been made bankrupt.

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How long does an I.V.A take to put together? I am getting threatening calls from my creditors now!
Typically an I.V.A. takes up to 8 weeks, but if you are at risk of losing assets now due to repossession or other legal action, you can organise for an Interim Order which is a court order forcing your creditors (who you owe money to) to wait until your I.V.A. proposals are completed, before they can attempt legal action again.

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Is a I.V.A, right for me?
Maybe. We spend a lot of time with you (either face to face, or over the 'phone depending on your preference) looking at all of the options, and although about 25% to 50% of our clients choose an I.V.A. we encourage you to think long and hard before making your decision. It is a big step, and it is a legally binding agreement that also will adversely affect your credit score. A Sale & Rentback, for example will NOT affect your credit score, and in some cases will help repair it.

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Will an I.V.A. affect my credit rating?
Usually it does. It may not stop you getting credit for your business if you need to buy supplies etc., but you need the permission of the I.P. before you can apply for further consumer credit such as overdrafts, loans or credit cards, unless you have exited the programme, or repaid your debts early.

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Remortgages & Secured Loans

What is the difference between a remortgage & a Secured Loan?
A remortgage is when you take out a new mortgage from (usually) a different lender who is offering a lower interest rate or better terms. Sometimes, you remortgage to release equity from your house - this is where your new lender will lend you more than the outstanding amount of your current mortgage - you can keep the difference to spend on whatever you want. A secured loan is a loan taken out that is secured on your house. The repayments on a secured loan are often higher than a remortgage, but the amount repaid can be less. as a secured loan is often spread over fewer years than a mortgage.

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Which is easier to arrange? A secured loan or a remortgage?
It depends. Often a secured loan is easier to arrange, but can have higher arrangement fees and admin. A remortgage typically requires a solicitor (around £400) and a new valuation (around £300) to set up in addition to the broker fee (often £595) and arrangement fee (can be up to 3%). However you have the option of choosing to pay interest only, which you usually do not have if you take out a secured loan (see next question)

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What is the difference between 'interest only' & a repayment mortgage?
An interest only mortgage means you repay ONLY the interest on the amount borrowed, rather than the interest PLUS the amount borrowed (called the 'principle'). This means monthly payments on your interest only mortgage can be almost half those of your repayment mortgage, however at the end of the term, you will still owe exactly the same amount as when you started. It is advisable to set up a separate investment (such as a stock market fund) to pay into each month, which, at the end of the term, can be used to re-pay your lender the original amount borrowed. Otherwise you may be forced to sell your home, or take out another mortgage. However, some homeowners are now choosing to switch to interest only mortgages for a few years in order to reduce their monthly outgoings and prioritise repaying other debts, and then switching back to repayment at a later date.

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How long does a re-mortgage or secured loan take?
Often both can be arranged within 14 days. It does depend on how quickly you can send back the paperwork and how complex the case. If you are considering changing mortgages, it is a good idea to request a 'Redemption Figure' today as your lender often takes 5 to 10 working days to send this through by post. You will rarely get this over the 'phone, and it is worth confirming that you will not be charged for requesting it.

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When is it not right to change mortgages?
As you may have guessed, mortgages are a lucrative business, and lenders will offer tempting incentives to choose their loan over their competitors, such as free valuations, free legals or cash-back. Obviously, these are not really free, as the mortgage company is banking on you staying with them for a number of years and often these loans are fractionally higher than their competitors to cover the 'free' stuff! Another increasingly common practice is to apply an 'early repayment penalty' (also known as a 'redemption penalty') which can be as much as 5% of the loan. Be careful to calculate your penalty before switching, as the proposed savings from the new lender may not justify paying this penalty. PLEASE NOTE: This is not the same as the redemption fee, which most lenders charge for repaying your mortgage regardless of how long you have had it. It is often around £299, but can be much higher. This is an 'admin fee' that your lender charge for redeeming the mortgage.

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How do I choose a lender?
It is always difficult to choose which lender to use for your new mortgage, as there are over 600 lender to choose from, and each will probably have over 50 different mortgages, so it can be minefield. As a rough rule of thumb, if you have good credit, and are borrowing a low Loan to Value (LTV) percentage (for example, by borrowing 60,000 on a house worth £100,000 your LTV is 60%) then you will have the most choice, and therefore the best rates. However, if you had had arrears on credit agreements, and want to borrow 90% of the value of your house (90% LTV), then you may well have fewer options and higher rates. Most 'cashback' offers are reflected in a slightly higher monthly repayment rate. Your grandmother was right... there is no such thing as a free lunch!

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What fees should I pay when I arrange my mortgage?
There are a number of fees to pay when you switch lenders or take out a new mortgage. You pay three sets of people:

1) Lender. The lender will sometimes add fees such as Higher Lending Charge (if, perhaps, your LTV is over 90%). This should be explained to you when you get the Key Facts Illustration (like a mortgage quotation)

2) Broker. Your broker will do all of the paperwork & research necessary to source and apply for your loan. He/she will usually charge an admin fee of around £195 payable up-front and an arrangement fee which can be added to the loan. Typically these are around 2-3%.  A good broker will refund the admin fee if he/she cannot find you a mortgage.

3) Surveyor/Valuers & Legal fees. You may be charged for a valuation of your house, and you will need a solicitor to oversee the transaction. These are often extra fees.

Please ask your broker for a full breakdown of the fees before agreeing to the loan/mortgage.

 

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Divorce & Separation

How can I buy my partner out?
We can often put into place a Sale & Rentback programme where we pay your estranged partner half of the equity in the home now, in exchange for a lifting of the Equitable Charge on your property. You would then rent back from us in the normal way. with an option to buy anything form 10 to 100% back at a later date.

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What happens if I can't afford to buy my home back?
We can offer you as little as 10% of your home to buy back at the end of the term, and you can buy further shares as and when you are able to. In fact, it is in our interest for you do this as we end up with a tenant who looks after the house over a longer term.

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What about my children & their school?
In the Sale & Rentback scenario, you can stay in the house for as long as you want and never have to move the children out of school.

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What is a Sale And Rentback?
A sale and Rentback programme helps homeowners who cannot get further credit (due to arrears, credit history or income levels), or need to release a large amount of equity (for example to pay out a partner) to restructure their debts by selling their home to us, and arranging to rent it from us until they can buy it back. We then hold the house 'in trust', freezing the buyback price until the end of the term. You have no obligation to buy your home back, but as standard we always write a clause saying we cannot sell the home unless you give us written authorisation. This means that you are always in control, and will always get first refusal on your house at the end of your tenancy agreement.

Back to list of questions...


Do I have to rent it back?
No. Not at all. Some of our clients like to sell it to us, live in it for a year then move out. In which case, we will split the profit from the house sale once you move out with you, meaning you get 2 pots of money - One when you sell to us and one when we sell on your house. Of course, we are very flexible, and can structure the deal however you want it. We can arrange to pass the profits on to your children, making inheritance tax planning easier.

Back to list of questions...


Can I just make a straight sale of my house to you?
Yes. We buy houses form clients all the time. However, and this is true of all "Cash Paid Now" companies, you will achieve a higher price if you were to put it on the open market and wait for it to sell.

Back to list of questions...


How much will you pay for my house?
We generally pay between 60% and 80% of the house value dependant on the circumstances. The house is valued by an INDEPENDENT valuer and we have no control over this valuer's survey. You are likely to make more if you put the house on the open market and wait for it to sell. However, we can offer a profit split when we sell the house on, and if this sale is scheduled for 5 years time, then you may end up making more on the house than if you sold it for full market value today.

Back to list of questions...


Who values my house? Is it you?
We request an independent RICS (Royal Institute of Chartered Surveyors) valuer to value your house, and we have no control over his/her valuation. Almost every house bought with a mortgage is valued this way and a RICS Valuer is notoriously fair with house values, so we know, and you know that the value he assesses is likely to be within 1% of the true resale value at that time. In fact he is that strict that we could not influence his decision in any way even if we wanted to, without him (& us) going to prison for fraud!

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What happens if I don't want to buy the house at the end of the tenancy term?
in the last 60 days of your tenancy agreement, our legal team will write to you to ask you if you want to buy the house. At this time you may do one of 3 things.

1) You can say you do not want to buy the house and move out at the end of the 60 days owing nothing.

2) You can re-negotiate with us to stay for another tenancy term (anything from 1 year to 25 years) and postpone your option to buy

3) You can buy the house from us at the pre-agreed price.

Back to list of questions...


Who sets the Buy-back price?
The buy-back price is set at the beginning of the term and does not change, regardless of house prices. It is adjusted for Retail Price Index inflation, but if it does not matter if your house is worth £50,000 at the end of the term - if we have agreed to sell it for £100,000 we will sell it for £100,000 (adjusted for RPI inflation)

Back to list of questions...


What happens if I want to move out before the end of the term?
The buy-back price is set at the beginning of the term and does not change, regardless of house prices. It is adjusted for Retail Price Index inflation, but if it does not matter if your house is worth £50,000 at the end of the term - if we have agreed to sell it for £100,000 we will sell it for £100,000 (adjusted for RPI inflation)

Back to list of questions...


Can you terminate our tenancy agreement?
We can only terminate your tenancy or evict you if you do not pay your rent. If you think you might be a few days late with your rent, then it is always better to tell us up front so we can do something about it.

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