Occupier’s Consent Form

Independent Legal Advice – Occupier Consent Form

Have you been told by your lender that you, or someone you live with, needs to sign an Occupier’s Consent Form before you can complete your mortgage?

You’re in the right place! ILA-Connect is the UK’s leading provider of Independent Legal Advice for Occupier’s Consent Forms (or however your lender or equity release provider calls its version).

Our goal is to provide Independent Legal Advice as quickly as cheaply as possible and in the comfort of your home or office, via video conference call e.g. Zoom, Skype, Facetime or WhatsApp video calling.

We’ve helped thousands of people just like you obtain Independent Legal Advice.

Special Delivery Postage Fee:

If required for sending time-critical wet-ink signed documents, a Special Delivery postage fee of £15.00 plus VAT (£18.00 total) will apply.

Before You Book:

1. No obligation: Making a booking does not require you to proceed or make any payment.
2. Address Any Queries: After booking, the solicitor will send you an introductory email. You can raise any questions or concerns, such as fees or specific details about your matter, before the appointment. You can also reschedule or cancel the appointment if you’re not fully satisfied.

Here are just some of the lenders Occupier’s Consent Forms we deal with:

Pure Retirement

Saffron Building Society

Santander

Scottish Widows Bank

Skipton Building Society

The Cooperative Bank

The Mortgage Works

Together Money

TSB Bank Plc

United Trust Bank

Virgin Money

West Brom

West One

Yorkshire Bank

Read more about an Occupier’s Consent Form

The requirement for occupiers to waive their rights of occupation where a property is being mortgaged has been termed differently by the various mortgage lenders and equity release providers, and there is inconsistency as to the names used for the document the lenders asks occupiers to sign, which can often cause some confusion. The name of the document your lender or equity release provider wants you to sign will likely be along the lines of:-

• Occupier’s Consent Form
• Occupier’s Waiver Form
• Deed or Letter of Consent / Deed of Postponement
• Occupancy Waiver

The common thread, however, is that a proposed mortgage lender will be asking an adult occupier who will be living at a property they will not own, which will be mortgaged to the lender, to sign a document stating they will vacate the property if the mortgage falls into arrears and the lender wishes to repossess, and if the occupier has acquired any financial interest in the property, that it is acknowledged that the lender must rank in priority in being repaid its mortgage loan.

Why does Independent Legal Advice need to be sought?

Mortgage lenders need to be able to prove that an adult occupier signing an Occupier’s Waiver Form was aware of the effect of the document they were signing, failing which, the signing of an Occupiers Waiver Form could be deemed ineffective by the Courts.

The Courts have laid down guidance which place mortgage lenders under a duty to make reasonable enquiries as to whether there will be any adults living at a mortgaged property other than the mortgage borrowers. Any such adult occupiers (even family members) will be asked to sign an Occupier’s Waiver Form which requires that person to leave the Property if the mortgage lender seeks to repossess.

Most mortgage lenders generally require any adult occupiers who are not on the deeds, and who need to sign an Occupier Waiver Form, to take Independent Legal Advice from a solicitor or other lawyer, so that the nature and effect of the person signing the Occupier’s Waiver Form is made clear to them.

Once this Independent Legal Advice has been given, it will usually be inferred that the occupier is aware of the effect of the waiver of their rights of occupation as well as any other rights (such as acquiring a financial interest in the property), and the Courts will then be satisfied that the occupier will then be bound by the terms of the Occupiers Waiver Form.

However, if clear Independent Legal Advice is not given on the occupier’s waiver form, the mortgage lender may be left in a position where it is prevented from repossessing a property by a cohabitee of the borrower in the event that the mortgage loan falls into arrears.

How can I obtain Independent Legal Advice?

Finding a solicitor who offers Independent Legal Advice on an Occupier’s Consent Form can prove challenging.

Our extensive experience places us in an excellent position to understand your requirements and your circumstances, and to arrange a cost-effective ILA appointment for your occupier at a convenient time with our panel solicitors via online video conferencing. They will then certify to your mortgage lender that the formalities have been dealt with, thereby enabling you to complete your mortgage.

At ILA-Connect, we work with law firms nationwide who understand and deliver the Independent Legal Advice you need.Simply Book Now or get in touch with us at contact@ila-connect.co.uk or call our office on 0333 300 1879 and we get straight back to you!