FCA publishes policy statement and revised rules to bring the Mortgage Charter into force

The FCA published a policy statement and revised rules on 30 June 2023 to bring the government's Mortgage Charter into force, giving lenders new options for borrowers in financial difficulty.

The Financial Conduct Authority published a policy statement and revised rules on 30 June 2023 to bring the Mortgage Charter into force, effective from that date1. The charter itself was published by the government on 26 June 2023, with lenders representing 85% of the UK's mortgage market committing to the measures announced1. The Financial Ombudsman Service said it welcomed the additional options and flexibility the charter offers1.

The charter sets out standards that signatories will adopt when helping their regulated residential mortgage borrowers worried about higher rates4. The commitments do not apply to buy-to-let mortgages4. The measures include:

MeasureEffective date
Borrowers will not be forced to leave their home without consent unless in exceptional circumstances, in less than a year from their first missed payment26 June 20231
Most other commitments take effect when the FCA's rule changes come into force30 June 20231
Customers approaching the end of a fixed rate deal can lock in a deal up to six months ahead10 July 20231

The charter introduces the ability for borrowers to reduce payments through a switch to interest-only payments for six months, and to extend the mortgage term to reduce monthly payments, with the option to revert to the original term within six months1. These options can be taken by customers who are up to date with their payments without a new affordability check or affecting their credit score4. The charter notes that monthly payments after the support may be higher than they otherwise would have been and overall costs over the life of the mortgage will be higher4. Affordability will need to be checked if borrowers wish to permanently convert to an interest-only mortgage, or where the mortgage term is proposed to be extended beyond the borrower's expected retirement date4.

The government also confirmed it has delivered action to make Support for Mortgage Interest easier to access, so that people on Universal Credit can receive help with mortgage interest payments after three months4. The FCA reported 0.86% of total residential mortgage balances in arrears in the first quarter of 2023, which it said is significantly lower than the 3.32% rate in 20094.

"For financial businesses, we'll take the new commitments into account when considering mortgage complaints."
Financial Ombudsman Service, source1

Why it matters for households

The charter applies to regulated residential mortgage borrowers of participating lenders, and not to buy-to-let mortgages4. Lenders who signed up represent approximately 90% of the mortgage market, according to the charter document, while the Financial Ombudsman Service put the figure at 85% of the UK's mortgage market1. The two figures are not reconciled in the published material.

For borrowers who are up to date with payments, the interest-only switch and term extension options are available without a new affordability check or an effect on their credit score4. The charter states that anyone worried about mortgage repayments can contact their lender for help and guidance without any impact on their credit file4. Borrowers who are currently in arrears are directed to continue working with their lender for the support they need4.

The Financial Ombudsman Service said it would take the new commitments into account when considering mortgage complaints, and that it would still expect fair and reasonable treatment for all borrowers facing financial difficulty, whether the new measures are available to them or not1.

What happens next

The charter document, published in June 2023, said the FCA would work rapidly with signatories to adopt the necessary rules by Friday 30 June4. It also said lenders, UK Finance and the FCA had committed to implementing the full charter at pace and would provide government with an update on progress by Friday 30 June4. The FCA's Consumer Duty, coming into force in July, was cited as enabling the FCA to support implementation of the charter by its signatories4. The rules allowing customers approaching the end of a fixed rate deal to lock in a deal up to six months ahead took effect from 10 July1.

Sources4 cited
  1. Mortgage Charter: options for people in financial difficulty – Financial Ombudsman service financial-ombudsman.org.uk
  2. Mortgage Charter: options for people in financial difficulty – Financial Ombudsman service financial-ombudsman.org.uk
  3. Mortgage charter | FSCS fscs.org.uk
  4. Mortgage_Charter1.pdf assets.publishing.service.gov.uk