Q&As

A purchaser intends to purchase a residential property with the seller to remain in occupation, on completion, under an assured shorthold tenancy (AST). The purchaser is a cash buyer and will purchase with no mortgage. Would a purchase and AST back be classed as a regulated sale and rent back agreement under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, given that there is no mortgage involved?

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Published on LexisPSL on 04/08/2017

The following Financial Services Q&A provides comprehensive and up to date legal information covering:

  • A purchaser intends to purchase a residential property with the seller to remain in occupation, on completion, under an assured shorthold tenancy (AST). The purchaser is a cash buyer and will purchase with no mortgage. Would a purchase and AST back be classed as a regulated sale and rent back agreement under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, given that there is no mortgage involved?

Practice Note: Regulated mortgage contracts and home finance transactions defined notes the definition of a regulated sale and rent back agreement (SRBA):

  1. a regulated SRBA is defined in Article 63J of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO), SI 2001/544 and, broadly speaking, is an arrangement under which, at the time it is entered into, a person (the agreement provider) buys all or part of an interest in land (other than time share accommodation) in the UK from a homeowner (being an individual or a trustee whose beneficiary is an individual) (the agreement seller) on the basis that the individual or a related person is entitled under the arrangement, and intends, to use at least 40% of the land as a dwelling.

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