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Islamic Mortgages in The UK 2020 A Definitive Guide 1
Islamic Mortgages in The UK 2020 A Definitive Guide 1
Islamic Mortgages in The UK 2020 A Definitive Guide 1
THE UK IN 2020
The Definitive Guide
This guide is kindly sponsored by
www.gatehousebank.com
Gatehouse Bank plc takes no responsibility for the accuracy of the information contained within this document.
All views expressed are that of the document’s author (Islamicfinanceguru.com). This document provides general
information only and should not be relied upon to make decisions without seeking professional advice in line
with your own circumstances.
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Islamic Mortgages in the UK: The Definitive Guide
Contents:
2
Islamic mortgage market in numbers
1
See: https://www.alrayanbank.co.uk/useful-info-tools/media/facts-figures/
2
Ibid.
3
https://gatehousebank.com/news/almost-half-of-muslim-consumers-have-never-used-islamic-finance
4
Ibid.
3
Islamic mortgages in the UK: How does it work?
For a product to be a legal HPP structure, the bank must hold the buyer’s
beneficial interest on trust to be delivered over to the buyer once he has paid
off the amount necessary to buy the full interest in the property. At this point
the buyer will be transferred over the legal title and will hold complete legal
and beneficial interest in the property.
“Hang on, what’s all this beneficial v legal gobbledygook?” you might be
saying at this point.
4
Simply put, a legal owner of a property is the “formal” owner of the property,
i.e. the one whose name is on the freehold title at the Land Registry. A
beneficial owner is someone who has the right to enjoy or benefit from the
property, and this can include the right to any income from the property or to
reside in the property.
So the situation is that the Buyer wants to buy the House, but he doesn’t have
enough money to buy outright. But he does have enough for a 25% deposit.
So he approaches the Islamic bank – and this is what happens:
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The bank buys the freehold title in the house at the closing of the transaction,
and it is its name that appears on the title. But the buyer gets an equitable
interest in the freehold by way of the contract (the DCA – more on that below)
and also gets a leasehold for 99 years alongside the bank. This leasehold can
only be sold or ended by the consent of the bank, but it does put the buyer on
a more secure and long-term footing than a shorter lease would.
Time passes, the Buyer continues paying rent and buying further equity in the
House until eventually he owns 100%.
At this point the Bank transfers over the freehold interest in the property to the
Buyer, the leasehold ends, and all charges in favour of the Bank are removed
from the charges register.5
5
N.b. we have used the Al Rayan model for the purposes of explaining the structure. Other banks’ structures may vary slightly.
6
HMRC is thankfully agreeable to only charging Stamp Duty Land Tax
(“SDLT”) once, and so SDLT is only payable upon the initial purchase of the
house, and not on the final transfer of the freehold by the bank.
This is the equivalent of the Home Purchase Plan apart from you don’t
buy back the bank’s portion. At the end of the mortgage, you either buy the
bank’s portion in full, or you sell the house to raise the money to pay the bank
back.
Murabaha
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Is an Islamic mortgage halal or haram?
Our view at IFG is that Islamic mortgages that are available in the UK
are halal, but there are improvements that can be made.
3. They use LIBOR – so they’re just using interest and disguising it.
Here are the reasons why we don’t think these are the real issues:
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Any new company has startup costs associated with it, especially one
that is one of the pioneers in a new industry that is still testing out different
products and mechanisms. All that costs money.
Then you have the added problem that the current regulatory
framework is entirely designed for an interest-based bank. Did you know that
in the UK only one full bank license has been given out for 100 years? That is
how instinctively suspicious regulators and veteran bankers are to new
players joining their party, and so you can imagine how suspicious and
confused they are when confronted by a completely different model of
banking.
Some people have complained that Islamic bank contracts are nearly
the same as a conventional mortgage contract, and just the word “interest”
has been replaced with “profit-rate”.
But when you compare the legal structures against each other they are
very different. In an Islamic mortgage the buyer enters into a partnership
agreement with the bank and a rental agreement as well, along with a number
of other supporting agreements. In a conventional mortgage the primary
agreement is that of the secured loan, along with various supporting
agreements.
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I agree that it is a bit off-putting for the uninitiated that the same
wording is being used, but it is actually standard practice in legal contract
writing to work off templates and past contracts. This is done for a reason: if a
past contract has been successful and perhaps been scrutinised in court and
withstood that scrutiny, then it is a good idea to model off that. Given the
centuries of perfecting that have gone into the conventional mortgage
contract, one can understand why Islamic bank lawyers borrow phraseology
from them.
LIBOR stands for London Inter-bank Offered Rate. It's the rate at which
banks borrow from each other (yes, banks borrow from each other).
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Islamic banks to do likewise. This does not mean that they are actually
charging interest.
So if a juice shop sets up across the street from a pub and decides to
price all of its juices in line with the price of beer across the road, is that juice
permissible to buy? Of course. Just because the price of the juice is tracking
the beer price does not make the product itself haram.
“Ah but they don’t just use LIBOR terminology,” I hear you say. “They
actually price up the Islamic mortgage using LIBOR. So its not just price-
tracking, but actual interest involved.”
But now I think we’re overthinking things. Islamic banks such as Al-
Rayan and Gatehouse assure us that they are not getting their money from
haram sources such as borrowing it on interest themselves, and I think we
should trust them as long as they have scholarly approval.
3. Islamic banks “create” money just like normal banks do (and that’s bad
for the economy)
We deal with each of these issues in this article, an excerpt from which
is as follows:
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seen as much more of a partner in the venture and consequently shares in
the risk associated with the house.
Secondly, the Islamic bank also asks the customer to maintain the
house and make sure its general upkeep is done. Have a read of this Al
Rayan brochure which goes through their whole process. On Page 24 it lays
out the 5 different agreements that the customer has to sign up to. The one
I’m banging on about right now is the “Service agreement”.
Now if the Islamic bank owned 80% of the house say, then a common
sense understanding of house ownership and partnership in a business would
suggest that costs are split 80-20 when it comes to home insurance and
upkeep. But that currently doesn’t happen with Al Rayan. (It does however
happen with some other Islamic banks in other countries)
Thirdly, banks ask the customer to pay the stamp duty upon the
purchase of the house. Again this does look like the bank isn’t adequately
taking on ownership costs of the house. However I don’t think this is actually a
major issue as ultimately the customer does buy back the entire house and
should have to pay some stamp duty at some point. Perhaps, rather than
getting the customer to pay the stamp duty entirely, the bank should
contribute a minority sum towards it, say 20%, as they will after all own a
significant part of the house for over 15-20 years sometimes.
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Fourthly, Islamic banks do not fully expose themselves to the vagaries
of the open market. When you become a partner in a taxi for example, and
you both invest £50 each, let’s say your partner gets you to promise you will
buy his share off him at £50 in a year’s time, regardless of the then value of
the taxi. Given this locked-in price your partner is in effect not risking very
much – he certainly isn’t risking loss.
But of course sometimes it can go in the bank’s favour. Let’s say you
want to sell and the house price has actually fallen below what you bought it
for. So let’s say you bought for £200,000 and owe the bank £160k.
Unfortunately the house is now worth only £150k. In this situation Al Rayan
say that they can refuse the sale, but if you really want to sell then you must
pay them back entirely. While this is acceptable in the letter of the Islamic law
again this doesn’t seem to me to partake properly and fully in the risk-sharing
of the venture. In fact all the scholars of all the madahib are unanimous that
loss-sharing must be shared, even if profits can be distributed in an unequal
manner.
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The Islamic mortgage uses LIBOR pegged values to work out rent,
instead of working out what the local rent would be for the property. This is not
ideal however two important things have to be said in defence of this: (a) the
Islamic banks usually charge less in rent right now than they would if they
charged the local rental value. So in effect the customer is quids in with this
practice. (b) It would be quite a task to quarterly or biannually work out new
local rent rates for each of the thousands of mortgage properties that the
banks will have on its books. So from a practicality perspective this would be
difficult.
This issue I feel is often one that slips under the carpet as most people
discussing Islamic finance often do not have an economics background.
Unfortunately the reality today is that 97% of our money supply is created by
private interest-dealing banks who simply pop money into existence. You can
find out more about how all this works here. Islamic banks too unfortunately
operate on this system from the basic research I’ve been able to come across
on this subject here and here. What this means is that banks are essentially
creating money out of nothing. This goes against the well-established Islamic
principle “do not sell that which you do not have”, and raises all sorts of major
macroeconomic problems that I won’t go into here. Suffice to say that
fractional reserve banking screws up the economy, causes inflation, and puts
money supply in the hands of an unelected elite group of bankers.
In the next section we look at the types of halal mortgages out there.
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Types of Halal Mortgages
Alongside the standard Home Purchase Plan (“HPP”) product there are a
number of other products that you should be aware of.
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conventional mortgages you can’t always do that without having to pay hefty
fees. This works quite well or expats who often go abroad for a number of
years, earn their money, and then repatriate a big chunk of money in one go.
Alternative-to-a-mortgage products
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Best Islamic Mortgages in the UK in 2020
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A “cheap” Islamic mortgage is also not just one that has the lowest
initial rate. Do your full sums, including all the fees and SDLT as well as what
you might have to pay when you sell the house and/or make accelerated
payments. Each of the banks charge slightly different fees, and it also
depends on the property you’re purchasing, so you should run the numbers
fully yourself.
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15 Tips to get a Cheap Islamic mortgage
Set up a Help to Buy ISA and save £200 monthly. For every £200 you
put in, the government will contribute £50. You can get a maximum
government payout of £3000 if you slowly save up to £12,000. And if you get
your spouse to do it, that’s £6000 free money!
And yes, a Help to Buy ISA will earn you interest. This is not ideal, but
our considered view on this having taken a mufti's view too is that it is okay in
this instance to give away the interest, particularly if you are otherwise going
to really struggle to save that money. And even if you give all the interest
away, the government bonus is so lucrative that it's still worth it.
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The first thing you should screen for are your “Finance to Value” or
“FTV” amount which will depend on how much of a deposit you have. So if
you are buying a £400k house and have a £80k deposit, you can access all
the Islamic mortgage products that are 80% FTV or above and our
comparison tool will narrow down what you’re eligible for.
The other thing to screen for is whether you will opt for a fixed or
variable rental rate. This will depend in part on your views about where the
interest rate will go in the coming years (we at IFG think it’ll go down or stay
low, due to Brexit). If you think it’ll go down or stay the same, you should
probably think about a variable rate package. But if you need certainty in your
life and to manage cash-flows, then a fixed rent makes sense.
Extra tip: the cheapest bank isn’t always the bank that has the lowest
headline rental rate. All the other fees and expenses add up very quickly.
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But my analysis was that, as I am young, I’ll build up a lump-sum to
quickly reduce the mortgage in a few years’ time, the returns I make from the
lump-sum will likely be more than the savings I would make by increasing my
deposit/reducing the term, and right now I want to have the flexibility of a low
monthly payment.
Overall, I’ll pay a bit more over the term of the Islamic mortgage – but
only if I actually stay the term out. If I don’t and refinance to a cheaper and
shorter term after the fixed rate ends instead, I’ll be roughly in the same
situation as someone with a much shorter mortgage.
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Firstly, they will have a better sense of the overall market than you and
so will be able to more quickly get you to a good deal – though, with the IFG
comparison launched, the value of this market knowledge is considerably
reduced as you can just come on here and get the same data for free.
Secondly, Islamic banks are sadly often over-worked and not very
customer friendly. The thing that takes ages is the back-and-forth in getting
the documentation together. If your broker will be doing that process for the
bank, chances are your application process will be a lot smoother. In a
nutshell, I would put my money on a broker doing a better job of quickly
getting the mortgage application together rather than someone in-house who
hasn’t got as much of an incentive.
Islamic mortgage brokers can and do charge for advice at times. But
you can also find Islamic mortgage brokers who will just get paid referral fees
by the Islamic bank upon successful completion of a property purchase. You
should try to find these kind of brokers as they’re cheaper and offer the same
service. IFG will shortly be offering such a service (so subscribe so you hear
about it first!).
Fourthly, some Islamic banks actually give better rates if you come
through a broker. This is because a broker will have done a lot of the work for
them already, so they save costs. If you’re going with Al Ahli in particular, this
could be a clever move that could shave off a thousand or so.
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Tip no. 5: keep an eye on Stamp Duty Land Tax (“SDLT”)
Make sure you factor in SDLT into your budget – especially if you’re a
first-time-buyer and are buying a property worth above £300,000. You will
need to pay SDLT for the value of the property above that price and it can add
up into the tens of thousands. Here is a link to the latest SDLT rate bands.
You should always ring a few of the solicitors up that are on the panel
of any Islamic bank. They will vary considerably in price.
For Gatehouse and Ahli, you have flexibility to choose your own
solicitor, and you will just have to pay the bank’s solicitor’s fees. So this is an
additional cost if you go with Ahli/Gatehouse.
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We personally use IKON Law in Birmingham whom we have used for 2
transactions and found to be super-responsive and super cheap. They are on
the Al Rayan and Gatehouse panels.
One useful tip that we got from conducting an in-house survey of our
audience was that some savvy shoppers negotiated with their solicitor to bring
the cost down. So don't just take their first quote and pay it – it's well worth
asking for some movement on price!
Let’s say you’ve had a successful offer and have instructed solicitors
and started the Islamic mortgage application process. This is the point where
you could end up losing significant amounts of money if the deal were to fall
through as you will have to pay solicitors, bank fees etc.
Given that a significant number of deals fall through even at this stage,
you should look to protect yourself by taking out home buyer insurance such
as this one. It will save you thousands of pounds if things don’t work out as
planned. We learned this the hard way.
And if you’re thinking – “Is insurance halal?” then see our article on this
here.
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You will waste an incredible amount of time in your house hunt. You
have to narrow down where you’re looking for, what you’re looking for, who
the best bank is, calling estate, attending viewings etc.
Use this Chrome extension that allows you to see the historic price of
listed houses on Rightmove. This is pretty useful as estate agents know that a
listing that has been on for ages doesn’t look good or sell easily. So they keep
refreshing and creating new listings of the same old property. This extension
helps you quickly cut through all that and give you detailed price history of the
property.
Look for probate sales. These are usually motivated sellers and are not
interested in keeping the property or getting the absolute last penny of profit
out of the property.
A home viewing is a research expedition not just on the house, but also
the sellers, the history of the property and the deal and any other nugget of
information that will improve your negotiation position. Because you see,
negotiation is mostly about having all the information you need to make a
good offer. But most people rush things or don’t ask the right questions.
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These are the essential questions you should be asking during a
viewing:
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Tip no. 11: move quickly
This is actually a tip for life. Generally a thing done with momentum
achieves better results than one that is left to meander.
Tip no. 12: look for a house you can add value to
Look for a house you can do low-cost but high-value things to. So for
example, an extension can add a lot of value and is relatively cheap, while a
swimming pool is very expensive and massively reduces the buyers for the
property and doesn’t add as much value. And where the changes are
cosmetic, and the structural work is minimal, you could be onto a winner.
The crucial thing with location is that you want to find a place that is
currently cheap, but, for some reason, will rise in price soon.
A slightly whacky idea but quite successful as a strategy: look for areas
with coffee shops on the rise and chicken shops on the decline – again house
price will increase. Check out here for more info on this strategy.
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Tip no. 14: refinance as soon as your discount period ends
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Wider Islamic Financing in the UK
Other than the retail Muslim mortgage market, there is also a strong
bench of corporate banks who deal with corporate clients. These include
BLME, QIB, and then of course Al Rayan, Gatehouse and Al Ahli also
participate. When you get to deal sizes north of £10-20m, then it becomes
financially viable for a mainstream bank to do a bespoke Islamic financing
transaction as well. If you’re in need of such a level of financing, drop us an
email (ibrahim@islamicfinanceguru.com) and we can pull a few strings for
you.
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How to get an Islamic mortgage in the UK
The main barriers people face to getting a halal mortgage in the UK are
the following:
Which brings us onto the next thing. If you don’t have a sufficient
deposit, that’s a deal-breaker. And bear in mind you might have
enough for a 5% deposit, which will get you into the door at Al
Rayan, but the size of house you’re looking for might mean that
overall your monthly repayments are so large that it wouldn’t be
affordable.
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You are buying a renovation property so badly dilapidated that
an Islamic bank can’t finance you under a residential Islamic
mortgage for that. You’ll have to explore other options for that.
If you think you’re ready to get an Islamic mortgage, please visit our
comparison page, narrow down what product is right for you, and get started
on the process!
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Islamic mortgage UK Reviews
Here are our current list of reviews (which are constantly expanding
and being refined):
Al Rayan
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Islamic Mortgage Guidance and Resources
Swirb – these guys are great in that they allow you to see where
a property has dropped in price and/or is going well below the
market rate. Who doesn’t want to buy a cheap property?
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a decrease in fried chicken shops. Usually this trend aligns with
the gentrification of an area – and that also means it is an area
that is increasing in price rapidly.
Al Rayan calculator
Here are a few other very useful general calculators you can use to run
the numbers when you’re looking to take out an Islamic mortgage.
There are not many mortgage brokers who are qualified or experienced
to deal with Home Purchase Plans//Islamic mortgages. But here are a few:
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