Our solicitors provide independent legal advice for occupier’s consent forms where mortgage lenders require confirmation that an occupier understands the lender’s rights over the property. An Occupier’s Consent Form (sometimes referred to as an Occupier’s Waiver or Deed of Consent) is required when someone lives in a property but is not named on the mortgage or title deeds.
By signing this document, the occupier confirms that the lender’s rights under the mortgage take priority over their right to occupy the property. Because signing the form can affect an individual’s potential rights in relation to the property, lenders usually require the occupier to obtain Independent Legal Advice from a solicitor before the document can be signed.
Our solicitors provide clear advice and the certificate required by mortgage lenders so that the mortgage transaction can proceed smoothly.
Why Independent Legal Advice Is Required for an Occupier’s Consent Form
Mortgage lenders require confirmation that the occupier fully understands the legal consequences of signing the document.
A solicitor must confirm that the occupier:
- Understands the nature of the document they are signing
- Is aware that the lender’s rights take priority over their right to live in the property
- Is signing the document freely and without pressure
- Understands the consequences if the mortgage is not repaid
Once the advice has been provided, the solicitor issues a certificate of Independent Legal Advice, which the lender normally requires before completing the mortgage transaction.
Our Occupier’s Consent Independent Legal Advice Service
Our solicitors regularly advise individuals who are asked to sign Occupier’s Consent Forms as part of a mortgage transaction.
During your appointment, we will:
- Review the lender’s consent or waiver document
- Explain the legal implications in clear terms
- Confirm your understanding of the document
- Answer any questions you may have before signing
Appointments are available in person at our office or remotely via secure video call (Zoom). Where required, we may also be able to offer same-day appointments to help avoid delays to your mortgage transaction. Once the advice has been completed, we will issue the solicitor’s certificate required by your mortgage lender.