Renting out a house can be an attractive way to earn extra income, but the situation can be a bit more complex if you have a normal (residential) mortgage. Many homeowners ask whether they can legally rent out their home and, if so, what steps they need to take to avoid complications.
Here’s a detailed article on everything you need to know about renting out your house with a normal mortgage.
What is a Normal Mortgage?
A normal mortgage—a residential mortgage—is a type of loan specifically intended for individuals who purchase a property to live in. This means that according to the terms and conditions of the mortgage, the homeowner will use the property as their primary residence. This loan often comes with favourable interest rates, lower down payment requirements, and specific tax benefits that reflect the assumption that you will be the one occupying the house.
If you decide to rent out the property without considering the legal and financial implications, you might face financial penalties or problems with your lender.
Can You Legally Rent Out a Home with a Normal Mortgage?
The short answer is Yes but with conditions. Renting out a home with a regular mortgage is possible, but it depends on several factors:
1. Your Mortgage Agreement (Occupancy Clause)
When you signed your mortgage, you likely agreed to an occupancy clause stipulating that the property must be your primary residence for a certain period, typically the first 6-12 months. Violating this clause can be seen as mortgage fraud, which could lead to severe consequences, including foreclosure. However, after fulfilling this occupancy requirement, you may be allowed to rent out the property.
2. Informing Your Lender
You’ll need to notify your lender if you intend to rent out your home. Some lenders may be flexible, while others may insist you switch to a buy-to-let mortgage (a mortgage designed specifically for rental properties). Informing your lender is essential because they may have rules about your loan type or interest rate if you no longer live in the home.
3. Loan Type and Lender Policies
Different mortgage lenders and types of loans have varying rules about renting. For example, FHA loans (Federal Housing Administration loans) generally require that the property be owner-occupied but may allow rentals under certain conditions after some time. Conventional loans can sometimes be more flexible, especially if your loan-to-value ratio (LTV) is strong.
Mortgage Agreement
Here are some mortgage agreements:
1. Rental Income Clause
Check if your mortgage agreement ultimately allows rental income. Some lenders may have provisions that permit rental income, while others may prohibit it entirely.
2. Occupancy Requirements
Determine if your mortgage requires you to occupy the property as your primary residence. If so, renting it out may violate the terms of your agreement.
3. Prepayment Penalties
Please keep in mind any prepayment penalties associated with your mortgage. If you plan to sell the property, renting it out could affect your ability to prepay the mortgage without incurring penalties.
Lender Policies:
Here are two lender policies:
1. Rental Income Guidelines
Contact your lender to discuss their specific guidelines for rental income. They may have requirements regarding the percentage of rental income that must be used to cover mortgage payments or other financial obligations.
2. Documentation
Prepare to provide documentation to your lender, such as:
- Rental Agreements
- Tenant Screening Reports
- Proof Of Rental Income
This can help demonstrate that you are responsible and capable of managing a rental property.
What Happens If You Renting Out Without Telling Your Lender?
If you decide to rent out your property without notifying your lender, there can be significant consequences:
1. Breach of Contract
Renting out your home without permission can violate the terms of your mortgage agreement. If your lender discovers the breach, they could declare the entire loan due immediately (a process known as calling the loan), which could result in foreclosure if you cannot pay.
2. Insurance Issues
Standard homeowners’ insurance policies are typically designed for owner-occupied properties. If you rent out the property without notifying both your lender and your insurer, your insurance could become invalid, meaning you won’t be covered in the event of damage or liability claims.
3. Potential Fines and Penalties
Beyond the mortgage implications, your local municipality may have laws requiring you to obtain specific permits or licenses to rent your property. Penalties and fines could be imposed for noncompliance.
Read More: What Happens If I Miss a Mortgage Payment in UAE
How Converting Your Residential Mortgage to a Buy-to-Let Mortgage
If you plan to rent out your home permanently or for an extended period, converting your normal mortgage into a buy-to-let mortgage might be necessary. This is especially important if you’re moving out permanently. Let’s discuss some steps involved in this process:
1. Contact Your Lender
Talk to your lender about switching to a buy-to-let mortgage. This process may involve additional fees and a higher interest rate, but it allows you to rent out the property legally without any restrictions.
2. Increased Down Payment Requirements
Buy-to-let mortgages typically require a larger down payment (usually around 25% or more) than residential mortgages. However, since you’ve already purchased the home, this will be less relevant unless you remortgage.
3. Higher Interest Rates
Lenders view rental properties as riskier because they depend on rental income to service the loan. As a result, buy-to-let mortgages typically have higher interest rates than normal mortgages.
4. Tax Considerations
Renting out your property may also affect your taxes. You must include rental income on your tax return since it is taxable. Additionally, there are different tax deductions for rental properties, such as:
- Deductions For Maintenance
- Depreciation
- Property Management Fees
Read More: Can I Have Two Mortgages on One Property in Dubai
Alternatives: Temporary or Occasional Rental (Consent to Let)
If you want to rent out your home for a short period (e.g., because you’re travelling for work or planning to move back into the house), some lenders offer an option called “consent to let.” This allows you to rent the property for a defined period while keeping your current mortgage.
Critical aspects of consent to let:
- Temporary Nature: Consent to let is designed for short-term situations, typically 6-12 months.
- No Change to Mortgage Type: You don’t need to convert your mortgage to a buy-to-let loan, but you may pay a higher interest rate during the rental period.
- Need to Apply: You must apply for this consent and provide a valid reason for not occupying the home.
Insurance Considerations When Renting Out Your Home
Standard homeowners’ insurance covers you only if you live in the house. Once you rent it out, you must switch to landlord insurance to ensure proper coverage. Landlord insurance typically covers:
- Property damage from tenants.
- Loss of rental income if the property becomes unliveable.
- Legal liabilities related to tenant injuries or property damage.
Without the proper insurance, you could face significant financial losses if something goes wrong with the rental.
Final Considerations
Renting out your home can be a great source of income, but it’s essential to understand the implications when you have a residential mortgage. Before making any decisions, consider the following steps:
1. Review Your Mortgage Terms
Look at the details of your mortgage contract, specifically the occupancy clause and other relevant sections.
2. Contact Your Lender
Always inform your lender about your intention to rent your home and ask if they have specific policies or procedures.
3. Get the Right Insurance
Update your insurance to ensure you’re protected as a landlord.
4. Understand Local Regulations
Research local laws and regulations concerning renting, as some areas may require special permits.
5. Consider Tax Implications
Be prepared to handle taxes on your rental income and look into tax deductions for rental properties.
If you’re an expatriate converting a Normal Mortgage into a Buy-to-Let Mortgage in Dubai, translating your foreign documents into Arabic is essential to avoid legal complications and speed up the approval process. Accurate translations can streamline your application process, ensuring compliance with UAE regulations.
In this journey, Q Links is here to provide the best legal translation in UAE and deliver expert translation services in over 150 languages to meet all your mortgage needs. Our accredited translator ensures accurate, certified translations, making your mortgage journey smoother and hassle-free. Trust us to navigate the complexities of converting a mortgage smoothly and efficiently.
Conclusion
Renting out a house on a normal mortgage is possible but requires careful planning and compliance with legal and financial requirements. Failing to follow the rules set by your lender and local authorities can result in financial penalties, so it’s essential to approach the process thoughtfully.
Always check with your mortgage lender, update your insurance, and ensure you are fully informed about local regulations before renting your home.
