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Oakwood Solicitors
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Occupier’s Consent

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when you need it most

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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?

£125 plus VAT (£150.00 in total).

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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Junaid Sohail
Junaid Sohail: Solicitor - Financial Litigation

Junaid Sohail is a determined and tenacious Solicitor in the Financial Litigation department, who is regularly instructed on a wide range of financial disputes. Junaid read law at the University of Sheffield (2008-2011), where he also achieved the University’s prestigious Graduate Award. He completed his LPC at Leeds Law School.

Before embarking upon a career in the legal profession, Junaid enjoyed worked as an independent contractor, specialising in the Financial Services sector. From 2011-2017, Junaid worked in Dispute Resolution for the Ombudsman Service in addition to providing professional consultancy services to a number of leading high street financial institutions.

Junaid joined Oakwood Solicitors in November 2017 and qualified as a Solicitor in March 2021. Junaid is a senior member of the financial services team at Oakwood Solicitors.

Junaid has a varied case load and is happy to accept instructions in relation to the following practice areas:

- Defendant and Claimant Civil litigation (Breach of Contract, Disputed debts etc)
- Professional Negligence claims against surveyors, Financial Advisors, Stockbrokers and other financial professionals
- Financial Disputes (Timeshares, Undisclosed Commissions, Pension miss-selling)
- Pre-action instructions relating to Defamation, Sexual harassment and Nuisance
- Commercial Disputes
- Independent Legal Advice in relation to property finance

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