If you are in danger of having your home repossessed, the Scottish Government's mortgage to rent scheme could allow you to remain in your home as a tenant. This page explains how the scheme works and who is eligible to apply.
The mortgage to rent scheme is run by the Scottish Government as part of the Home Owner Support Fund. The scheme aims to help people, whose homes are at risk of being repossessed, to stay in their homes.
If you apply successfully for the mortgage to rent scheme, your home will be bought by the council or a housing association, but you will continue to live there as a tenant. Your new landlord will receive funding from the Scottish Government to carry out any necessary repairs so they can charge you a reasonable rent.
Before you apply, you must get advice about your financial situation from either the Citizens Advice Bureau, a debt advice service or a solicitor, or your local council or other advice agency. Use the Getting debt advice - Shelter Scotland to find an agency near you. An adviser should be able to give you an application form and help you fill it in.
You can also get a form direct from the Home Owners' Support Fund or write to:
Home Owners' Support Fund Team
The Scottish Government
Highlander House
58 Waterloo Street
Glasgow
G2 7DA
Tel: 0300 244 1093
email: HOSF@gov.scot
You can apply to the mortgage to rent scheme if the following criteria apply:
You won't be eligible for the mortgage to rent scheme if you own your home with someone else and they are forcing the sale of the property (for example, due to relationship breakdown).
Your application will be reviewed by the mortgage to rent team. They will carry out an initial assessment of your application, to see if it meets the relevant criteria. If your application is considered eligible for the scheme, a more detailed assessment will be carried out. At this point, the most appropriate potential landlord will be identified and a survey of the property will be done. If the detailed assessment is positive, the process of selling the property will begin.
You will be paid the open market value for your home, taking into account the costs of any repairs that need to be done. This is the amount of money you could have expected to get had you sold the home yourself to a private buyer. Your selling costs (for example, your solicitor's fees) will also be covered.
You must use the money to pay off any loans secured against the house, beginning of course with your mortgage and any mortgage arrears. If your debts are higher than the amount your house is sold for, you will still be responsible for paying the difference.
Any money left over after you have repaid your mortgage and any loans secured on your property is called equity. Any equity will be added to the amount of capital you have, along with the surrender value of any savings plans linked to your mortgage. If this brings your capital to more than £8,000 (if you're under 60) or £12,000 (if you're 60 and above), you will have to pay the extra money to the mortgage to rent scheme to help with costs.
Once the buying process is completed, you will become a tenant of the new landlord. Your tenancy will begin on the date that the sale is finally concluded.
As you will be renting your home from the council or a housing association, you will be a Scottish secure tenant, or, in rare circumstances, a short Scottish secure tenant.
You can apply to the council for housing benefit in the normal way. The council may claim that, because you are paying rent for a property you used to own, you won't be eligible for housing benefit, so you will have to prove that you had no option but to sell your home. The mortgage to rent team can contact the council on your behalf to back up your case.
After you have been a tenant for five years, you may gain the right to buy your home back. However, there may be restrictions in some areas, so check this when you apply to the scheme.
If the mortgage to rent team decide that you are not eligible to take part in the scheme, you will be sent a letter telling you this and also explaining the reasons why. You will not be able to appeal against the decision. However, you will be able to lodge a complaint. To complain you should contact:
Home Owners' Support Fund Team
The Scottish Government
Highlander House
58 Waterloo Street
Glasgow
G2 7DA
Tel: 0300 244 1093
email: HOSF@gov.scot
You will also be advised to speak to your mortgage lender or money adviser about your money problems generally.
Visit the Scottish Government's Home Owners' Support Fund page and download the mortgage to rent guide for more detailed information.