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Thanks for reply - it is the law issue that concerns - the new lender has not contitioned in offer or solicitor instructions that existing mortgage must be redeemed - so either they have made a mistake, or are not bothered - but what is the law?
To switch existing to 'second home' would be time consuming and of course re-introduce anxiety since the sale fell through - it will sell quite soon enough or would let but not high enough rent to cover loan so btl is out of question, but plenty of income to cover both loans and more so again, its just back to what the law says!