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Occupier’s Consent

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    Oakwood Solicitors have been amazing. Very prompt and helpful; can’t fault them at all.

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    Independent Legal Advice for a joint mortgage , sole proprietor purchase. Quick efficient and friendly and reasonably priced.

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    The experts in Independent Legal Advice

    Independent Legal Advice (ILA) is a signed document to confirm that you have received legal advice in relation to a particular matter. The advice must be taken from an independent alternate solicitor or Chartered Legal Executive who is not involved in the original proceedings.

    What is Occupier's Consent?

    If an adult who does not own any part of the property lives at your house, your mortgage company may ask for an ‘Occupier’s Consent’.

    For example, a girlfriend/boyfriend moves into your house or you flatshare with someone. Alternatively, you may be looking to purchase a property with someone but they themselves will not be ‘on the mortgage’, although they may pay money to the household. An occupier in your property may however legally obtain an interest in your property.

    Therefore, a mortgage lender has a right to ask for confirmation from the borrower whether there will be any third parties living at the property. If the borrower is not intending to live in the property, then the mortgage company may ask the occupier to sign legal documents. These documents will state that the occupier will vacate the property in the event of repossession (i.e. if the borrower defaults on the mortgage).

    An Occupier’s Consent would not normally be used for tenants letting the property.

    Some lenders may also refer to an Occupier’s Consent as:

    • Deed of consent
    • Deed of Postponement and Consent to Mortgage
    • Occupiers Waiver form

    How much will it cost me?

    £150+ VAT.

    What is the procedure?

    To complete your Occupier’s Consent request, we will need to:

    • Meet in a face to face meeting, or discuss via Skype
    • No other party should be present
    • Explain the full implications of the paperwork that you are signing and be aware that you are waiving your rights of occupation
    • Once you are satisfied with the paperwork then we would ask you to sign it
    • The paperwork would then be returned to the relevant bank or building society

    Why use Oakwood Solicitors Ltd

    We know that when a mortgage company ask you to sign paperwork that you do not fully understand that it can be a daunting experience. We want to make sure that it is explained to you in a fully concise manner before you sign the paperwork.

    What do I do now?

    All you need to do is contact our team at Oakwood Solicitors Ltd, and we will do all we can to make proceedings as painless as possible:

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    Danielle Lightfoot — Solicitor and Head of Department

    Danielle Lightfoot is a Director and our Head of the Financial Litigation Department. Danielle joined the firm as a Paralegal in 2011 and qualified as a solicitor in October 2014. She has acquired extensive experience in high value, complex litigation traversing numerous practice areas. Danielle is a specialist in financial miss-selling matters, with a particular interest in Pensions and Investments.

    Danielle assisted in setting up the Finance Litigation Department. She took over as Head of the Department in 2017 and since then the firm has established a reputation as one of the leading law firms specialising in financial mis-selling claims.

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