Getting a Mortgage

As with so many areas of life, knowing whether your conviction is spent or unspent is vital when applying for a mortgage.

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If your conviction is spent

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The Rehabilitation of Offenders Act applies to mortgage providers. Therefore, if your conviction is spent, you do not need to disclose it.  

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If your conviction is unspent

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If the mortgage provider asks you to disclose any convictions, then you must disclose any unspent convictions. 

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If you do not disclose an unspent conviction when asked, you put yourself at risk of receiving a further conviction.

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Be aware that a mortgage lender might offer a mortgage in principle without asking about convictions but then ask at the full assessment stage.

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Using a mortgage broker

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For some people, with an unspent conviction, the simplest approach is to disclose their conviction to a mortgage broker and for the mortgage broker to then find a mortgage provider whose criteria they will meet.  

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The charity, Unlock*, provides detailed information on applying for a mortgage as part of their housing section.

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**Unlock is a charity based in England and Wales. Although much of the information on their website is applicable UK wide, some does not apply to Scotland.

They also provide a free helpline. However, if you do contact their helpline, it is important that you tell them that you live in Scotland, because many of the laws are different.

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