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Home arrow All News arrow FSA begins sale and rent back regulation
FSA begins sale and rent back regulation Print E-mail
01 July 2009
evictions.jpgThe Financial Service Authority's interim regime for sale and rent back (SRB) schemes comes into force today, 1 July. It is designed to offer protection to homeowners in a market where there is the potential for consumers to suffer serious financial loss, and in some cases lose their home.  SRB schemes involve individuals selling their home, usually at a discount, and obtaining an agreement to remain in the property for a set period - typically through an assured shorthold tenancy of six to 12 months.
The Office of Fair Trading (OFT) conducted a market study last year which found that sale and rent back deals had the potential to cause serious harm to homeowners who are often already in a vulnerable position.

Firms that intend to carry on operating in this market can apply for interim authorisation from today, and have until 1 August to submit their completed applications. Firms that do not apply by then will not be able to continue operating in the SRB market during the interim regime, which lasts until 30 June 2010, when the full regime will start.


Firms that are currently authorised by the FSA for other activities and wish to undertake SRB business will need to apply for an interim variation of permission.

Undertaking SRB activities without permission is a criminal offence punishable by imprisonment and/or a substantial fine, in addition to FSA sanctions. The FSA says it will be closely monitoring the SRB market from today, and will take action against firms it finds continuing to operate without permission.

It urges consumers to ensure that they only deal with authorised firms, which will be subject to the requirement to treat their customers fairly. The consumer will have access to complaints procedures, including the Financial Ombudsman Service, if things go wrong.

The FSA warns consumers that they should be aware of the risks involved in sale and rent back schemes. Normally they will be paid less than the full market value for their home, and may not be able to stay as a tenant in the home in the long term.
More information about SRB schemes can be found on the FSA's Moneymadeclear  website.




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