FIN.

Category - Regulated Mortgages

PRA and FCA consult on LTI lending

The PRA and FCA are consulting on amending the implementation of the Loan to Income flow limit to allow individual lenders to increase their share of high LTI lending but with the aim that the aggregate flow remains at...

FCA updates mortgage lending statistics

The Q4 2025 mortgage lending statistics show a slight fall in the outstanding value of all residential mortgage loans, but the value is still significantly higher than in the corresponding period last year. Similarly...

FCA sets out roadmap for mortgage rule reforms

The FCA has published a roadmap on modernising mortgage rules. The FCA launched a discussion paper in June 2025 on areas in which changes could be made to the current mortgages framework. It now publishes its feedback...

FCA speaks on future of mortgage market

Nikhil Rathi, FCA chief executive, has delivered a speech on the future of the mortgage market at the L&G Mortgage Club’s 30th Anniversary Conference. The speech highlighted that while the market is currently...

FCA finalises ban following Court of Appeal support

The FCA has finalised its decision to ban Markos Markou from financial services and fine him �10,000, following the Court of Appeal supporting the FCA’s position in December 2024, and the Supreme Court rejecting his application for permission to appeal further. The Upper Tribunal had asked the FCA to reconsider the ban and said it should not impose a fine, but the FCA believed that decision to be “incorrect and irrational” and referred it to the Court of Appeal which, while not wholly reversing the Tribunal’s findings, found the ban was the correct decision, but considered the appropriate amount of fine to be �10,000 rather than the �25,000 proposed by the FCA.

FCA makes first set of mortgage reform rules

Following its short consultation, the FCA has finalised the package of measures that will achieve the first stage of the planned mortgage reforms. The changes address primarily remortgaging and will make it easier for...

Regulators increase mortgage lending threshold

The PRA has amended its Rulebook and the FCA has amended its Guidance on the de minimis threshold for the Loan to Income flow limit in mortgage lending. The Financial Policy Committee had recommended increasing the...

Court looks at “business test” when loans are refinanced

In a repossession case brought by an unregulated lender, Principal Bridging Limited (PBL), the County Court found that where a loan is used to refinance previous borrowing, it is the purpose for which the original loan is taken out which determines whether it is “wholly or predominantly for the purposes of a business” for the purposes of Articles 60C and 60O of the Financial Services and Markets Act 2000 (Regulated Activities Order) 2001 (the RAO).
In this case, the borrower, Mr Lewis took out a bridging loan with PBL (secured as a second charge loan against his primary residence) which was used to refinance an earlier loan (with a different lender) which in turn had been use to refinance an original loan (from a third lender). It was taken as a matter of fact that Mr Lewis had used a maximum of 50% of the original for business purposes and, therefore, it had not been used “wholly or predominantly for the purposes of a business” carried on by him (and, therefore, was as a matter of fact a regulated mortgage contract as the exemption under Article 61A(1)(c) of the RAO. However, the Court found that PBL had no way of knowing this and that Mr Lewis had made repeated representations that he would use the loan PBL made for business purposes and, therefore, the loan was unregulated and not a regulated mortgage contract.
In the alternative, the Court also found that if the PBL loan�was a regulated mortgage contract, it would still have been just and equitable for PBL to enforce the loan due to the repeated representations made by Mr Lewis.
Following on from these findings, and taking into account Mr Lewis history of defaulting on previous lending the interest rate charged by PBL was not an unenforceable penalty.
Lastly, it followed that the relationship between PBL and Mr Lewis could not be said to be unfair for the purposes of Sections 140A-C of the Consumer Credit Act 1974.

Court rules on lenders on inquiry in joint borrower situations

The Supreme Court has allowed an appeal on whether a lender should have been on inquiry in a case of secured lending to joint borrowers.
In the case of Waller-Edwards v One Savings Bank Plc,� Ms Waller-Edwards was persuaded by her partner, Mr Bishop, to exchange her home and savings for a property he was building. At the time, the appellant was emotionally vulnerable but financially independent, as her home was free of mortgage and she had significant savings. Mr Bishop’s property was already subject to a charge. He then remortgaged 2 years later with the respondent bank, which believed the funds would buy another property that the couple would use as a buy-to-let and would pay off an existing mortgage debt.� It also required Mr Bishop to use the loan to pay off other existing debts, which included nearly �40,000 to pay off a car loan and a credit card. Mr Bishop actually used it to make a divorce payment and pay off the first charge on the property. The bank did not know this.
The relationship ended, and eventually the payments on the heavily mortgaged house in which Ms Waller-Edwards was then living fell behind and the bank started possession proceedings.
The appellant said that since she was a surety for part of the loan that would be used to pay off Mr Bishop’s debts, the bank should have been on inquiry that she may have been under undue influence to agree to the transaction, and it did not take steps to make sure she was aware of the liability she would be taking on. She said the remortgage transaction should be set aside as between her and the bank.
The County Court judge had agreed the appellant had entered into the transaction under undue influence but it, the High Court and the Court of Appeal all said the bank was not on inquiry because she was not a surety but instead a joint borrower. The Supreme Court disagreed. It said that where in any non-commercial hybrid transaction there is on the face of it more than a trivial element of borrowing that will discharge the debts of one borrower and therefore might not be to the other’s advantage a bank should view it as a “surety” transaction and therefore put on inquiry of the possibility of undue influence.� It said the Court of Appeal’s focus on a “fact and degree” test to establish whether the transaction was a surety transaction or a joint borrowing was wrong, as was it wrong to focus on the purpose for which the loan was used. The relevant question was whether one borrower takes on a legal liability for which they are not responsible for no personal gain. In this case, the appellant did take on such a liability.� So that meant the bank should have followed the “Etridge protocol” that required it to ensure Ms Waller-Edwards knew of the risks she was taking on.

FCA speaks on mortgage reform

Emad Aladhal, FCA director of retail banking, spoke of the challenges people face in getting onto the mortgage ladder. He discussed the FCA’s priority of making the mortgage market more accessible while keeping it safe and resilient.
He discussed the importance of being able to get a mortgage – especially because average mortgage payments are currently 20% lower than rental costs, and renting in retirement could cost �400,000 more than owning a home.
He also said the markets and regulation need to support existing borrowers, especially as lending into later life is becoming the norm.
Speaking to the Building Societies Association, he said the reforms the FCA is looking to deliver will take a collective effort between lenders, regulators, Government, developers and others.

FCA publishes work programme 2025-6

The FCA has published its work programme for 2025-26, which builds on the 4 priority areas in its 5 year plan. Specific initiatives additional to those set out in the 5 year plan (which we summarised in this article)...

Regulators consult on mortgage lending threshold raise

The PRA and the FCA are consulting on amendments to the PRA Rulebook and the FCA Guidance on the de minimis threshold for the Loan to Income flow limit in mortgage lending.
The Financial Policy Committee has recommended increasing the volume of mortgages that a lender needs to make to trigger the LTI flow limit, from �100m to �150m per 4 rolling quarters. The PRA Rules and FCA guidance need to be updated to reflect this. The change would address inadvertent regulatory tightening that would bring more lenders within the rules if the thresholds stayed unchanged.
Consultation closes on 8 May – the consultation period is short because of the narrow scope of the change.

Chancellor unveils more red tape cutting

The Chancellor has unveiled more detail of the plans to cut the administrative cost of regulation on business, at a meeting attended by, among others, the PRA, FCA and ICO. The plans are wide ranging across all areas of...

Mortgage stats show rises all round

The latest statistics on mortgage lending for Q4 2024 from the MLAR submitted to the FCA show: the highest stock of outstanding mortgage loans since reporting began in 2007 (£1,678.2 bn); a 4.9% increase in the value of...

Treasury acts to encourage more mortgages

The Treasury has committed to a new mortgage guarantee scheme and urged the FCA to carry out an “ambitious and rapid” review of its mortgage rules – both with the aim of allowing more people to take...

FCA publishes Q2 fin proms data

The FCA has published its financial promotions data for Q2 2024 on its actions against firms breaching financial promotion rules, and referrals and investigations into unregulated activity. During the period: 3,273...

Tenet firms enter administration

The Tenet Group Limited is winding down its operations, which has now resulted in two of its hosting firms entering administration. The firms closed to new business at the end of March, and most of their advisers either...

FCA updates complaints data

The FCA has published updated complaints data based on returns from then nearly 300 firms reporting at least 500 complaints within 6 months or 1000 within a year. Key findings from the 2023 H2 data include: Complaints...

FCA publishes Mortgage Charter uptake data

In June 2023, the FCA introduced new rules to support the Government’s Mortgage Charter’s commitments, including providing for firms to allow customers to make reduced capital payments for up to 6 months, or...

Court decides on investment property loans

The Court of Appeal has found in favour of an unregulated lender, confirming that agreements it entered into with individuals were investment property loans which were exempt from the RAO definition of “regulated...

CMA launches Home Credit Market Order review

CMA has formally launched a consultation on part of the Home Credit Market Investigation Order 2007. The review relates to the operation, information and management of a cash loan price comparison website. The website...

FCA updates on interest-only mortgage work

FCA is working with an Industry Working Group of 12 mortgage lenders and administrators on a review of FCA’s current guidance on interest-only mortgages. There were under 1 million interest-only and part-and-part...

FCA confirms rule updates

FCA’s latest Handbook Notice confirms rule changes its Board agreed in December, and the new motor finance complaints rules, as well as two changes agreed on 25 January. The two latest changes: update SUP 12.4...

BSA hopeful of update to 1986 Act

The Building Societies Association welcomed the upcoming 2nd reading of the Building Societies Act 1986 (Amendment) Bill which will take place on 19 January.  The Bill aims to put building societies on a level playing...

FCA updates complaints data

FCA has published updated complaints data based on returns from firms. Snapshots from the 2023 H1 data include: a slight increase in complaints from the previous 6 months (5%); most significant increases in the...

FCA publishes interest-only mortgage research

FCA has published a research note analysing its data on the population of regulated interest-only mortgages that existed as at 31 December 2022. The analysis found that: Interest-only mortgages currently make up 9% of...

FCA implements Mortgage Charter rules

FCA has published a policy statement setting out changes to the MCOB sourcebook to support the implementation of the Government’s Mortgage Charter. The rule changes take effect immediately from 30 June, and enable...

Treasury publishes mortgage charter

Treasury has published a policy paper on the Mortgage Charter, which sets out commitments from the principal UK mortgage lenders to their residential mortgage borrowers. The new commitments are designed to help...

FCA speaks on green mortgages

David Geale has spoken on FCA’s view of green mortgages.  He said that every part of the housing chain has a role to play, and that lenders are risking missing their decarbonisation targets if they do not evolve...

FSMB: Further Lords amends for debate

Further amendments to the FSM Bill have been published for debate in the Lords Committee. They relate mainly to: FCA powers beyond designated activities, aimed at giving it appropriate powers to take action against...

Consumer Duty events

The FCA has announced it will be hosting a series of live and local events on the Consumer Duty across the UK between February and June 2023. The paid for events are aimed at retail investment and mortgage firms, and...

FCA consults on mortgage support guidance

The FCA is consulting on draft guidance explaining how firms can support their mortgage customers impacted by the cost-of-living crisis, including varying a contract for forbearance purposes. The draft guidance will...

FCA updates on mortgage switching

Following its update earlier this year, the FCA has published a technical note on switching in the mortgage market which includes more in-depth analysis. Key findings include: since the mortgage market study (MMS) (H2...

FCA publishes quarterly consultation

FCA has published its regular quarterly consultation. It proposes changes to: the schemes regime under s272, and consequential changes to COLL, the Glossary, DEPP and EG. The changes specifically relate to what FCA...

FCA updates on mortgage switching

FCA is pleased that the number of borrowers who could save money by switching mortgages is now around 370,000, down from 800,000 in 2016. However, it urges borrowers to consider their mortgages, given the rising costs...

FPC withdraws mortgage affordability test

FPC has confirmed that it will withdraw its Recommendation on mortgage affordability with effect from 1 August. The current test specifies a stress interest rate for lenders when assessing borrowers’ ability to...

FCA publishes lender portfolio letters

FCA has published its most recent porfolio strategy letters for: retail mortgage lenders; non-bank lenders; and building societies. Common themes in the letters are: that the response to the pandemic has shown FCA and...

FCA publishes mortgage prisoner review

FCA has laid its mortgage prisoner review before Parliament. The review sets out data that will help the Government consider whether any practical and proportionate solutions could help these borrowers. FCA’s data...

FCA mortgage guidance to expire in October

In October 2020, the FCA introduced temporary guidance on maturing interest-only and part-and-part mortgages. The guidance allowed borrowers with certain mortgages due to mature between 20 March 2020 and 31 October 2021...

FCA publishes individual ban notice

FCA has published a decision notice noting its decision to ban Markos Markou, director and CEO of a mortgage broker, and to fine him £25,000.  FCA considers Mr Markou not fit and proper to perform his senior management...

FCA outlines mortgage prisoners review

The FCA has published the terms of reference setting out the steps it will take in its mortgage prisoners review. Data review: the FCA will review and update its data to consider the demographic and loan characteristics...

Lender’s duties limited in asset disposal

In a helpful decision for Banks and lenders, the Court of Appeal decision in Morley (trading as Morley Estates) v Royal Bank of Scotland plc [2021] EWCA Civ 338 confirmed the limited extent of the duties a lender owes...

FCA publish latest coronavirus updates

The FCA has today published an update on mortgages, consumer credit, banking and payments during coronavirus. The main points can be summarised as follows: repossessions under mortgages cannot be undertaken without...

Covid-19 support update: mortgages

The FCA yesterday announced updated guidance for  mortgage customer facing financial difficulties as a result of Covid-19.  Under the extension, eligible customers will have until 31 March 2021 to apply for an initial...

FCA confirms new rules

FCA has issued a Handbook Notice summarising rule changes finalised over recent months.  Key among them are: the new section on COBS (22.6) to ban derivatives and ETNs that reference certain cryptoassets to be marketed...

Mortgage Market Disruptions

The FCA today published Occasional Paper No. 57 on mortgage market disruptions.  The paper uses data to document the trends associated with COVID-19 and compares them to the financial crisis of 2007-09. The summary...