Estate agency trainer Richard Rawlings has released another letter, again attempting to deal with low transaction and instruction levels in the housing market.

This time, Rawlings has written to housing minister Brandon Lewis.

His latest proposals – to give portability to mortgages – are likely to be less controversial than his open letter to OnTheMarket, when Rawlings said its ‘one other portal’ ruling was hitting listings and sales.

Portability of mortgages has seemingly become a serious issue, with cases highlighted in the media where people have been unable to move because they cannot get mortgages, even where they wish to downsize and need smaller loans.

Rawlings’ letter to Lewis was written after the pair shared a platform at last week’s Negotiator conference.

The letter says:

Dear Brandon,

I very much enjoyed your presentation at The Negotiator conference at the Park Lane Hilton on Tuesday, and thank you for warming up the audience (as I was the next speaker after you!) and for taking my question at the end.

You asked me to email you regarding the idea of lubricating the property market by freeing up mortgage portability, summarised as follows:

Many people who would very much like to move house, especially downsizers and those in debt, are unable to do so because they are trapped by their mortgage.

In essence, since they took out their existing mortgage a few years ago, lending criteria have tightened under the MMR regulations introduced in April 2014.

This means that most home owners who wish to move house are obliged to requalify for a new mortgage from scratch, even if they wish to reduce their existing mortgage by moving to a cheaper property.

My proposal is that, subject to certain criteria, any existing mortgage should be fully transferable to another property. After all, a mortgage is essentially security for a personal loan. Why not be able to switch the security without losing the loan?

Imagine the following scenario:

Mr and Mrs Jones took out a 25-year mortgage of £200,000 in 2010 for their £300,000 purchase.

Since then their income has remained the same but in planning for a possible redundancy, ill health or retirement, downsizing, to pay off some debts, or simply to move closer to family, they now wish to reduce the burden of their mortgage payments or property maintenance costs by moving to a cheaper property and reduce their mortgage from £200,000 to £110,000.

However, by having to requalify as if they were new borrowers, not only would Mr and Mrs Jones be subject to a possible higher interest rate than they enjoy with their current mortgage, but having perhaps missed a credit card payment, or failed the stress test that did not apply when they applied for their current mortgage, they no longer qualify for a new mortgage.

Their options are then either to rent (which as passionate home owners they would prefer to avoid) or stay put, with the burden of a larger mortgage than they want or need, in a property they would prefer to move out of.

By allowing Mr and Mrs Jones to “port” their remaining 20 years of their current mortgage on its existing terms, their lender would be no worse off (and may actually be better off if Mr and Mrs Jones are wisely, planning to reduce their debts thereby avoiding possible mortgage difficulties in the future).

Given that a mortgage is simply a form of security, I would argue that these people should be allowed to simply keep their existing or smaller mortgage but have the legal right to transfer the security onto a different property easily and without penalty.

Having discussed this with a number of estate agents, there is clearly a need for this and it should be enshrined in law as it could possibly free up a substantial number of transactions, benefitting the public, increasing housing availability, reducing debt, and generating the economic benefits associated with a healthy property market – with no apparent down-side!

Suggested conditions:

  • The home owner may not apply for an amount greater than that of their current mortgage.
  • Repossession proceedings must not have already commenced in respect of their current property (they may want to move in order to pay off mortgage arrears and reduce future  payments)
  • The home owner must cover all reasonable costs associated with the transfer of their mortgage, plus SDLT etc.

I would therefore ask you to consider introducing legislation immediately relaxing MMR requirements in certain circumstances and requiring lenders to allow all existing and future mortgages to be fully portable without obstruction.

I look forward to hearing your thoughts on the above.

Many thanks,

Kind regards