Occupier Consent Advice

£150 Inc for limited time only! Have you been told by your lender that you, or someone you live with, needs to sign an Occupier’s Consent, Occupier’s Waiver or Deed of Consent before you can complete your mortgage?

✔ Online Solicitor Appointments

✔ Rapid Turnaround

✔ Free Document Checking Service

✔ Evening/Weekend Appointments

If you’ve arrived here, it’s probably because you’ve been told you need to take Independent Legal Advice in order to complete your mortgage or loan. We help with all UK lenders including Halifax, Natwest and Barclays.  See below for more.

At ILA-Connect our mission is to provide the cheapest Independent Legal Advice in the UK, and to do so in the most convenient way possible – in the comfort of your own home or office, via video call.

We’ve helped thousand of people just like you to save money on their Independent Legal Advice.

Simply call us or book online today.

Free ILA Online Eligibility Check

We deal with all the lenders below... and many more!

1pm plc

Aldermore Bank Mortgages

Aldermore Bank

Assetz Capital

Bank of Ireland

Bank of Scotland

Barclays

Bibby Financial Services

Cambridge & Counties Bank

Cater Allen Private Bank

Charity Bank

Close Brothers

Clydesdale Bank

Cynergy Bank

Danske Bank

Family Building Society (NCBS)

First Trust Bank

Fleet Mortgages

Foundation Home Loans

Hampshire Trust Bank

Halifax

HSBC

inFund

Interbay

Just Cash Flow

Kensington

Kent Reliance

Keystone Property Finance

Landbay

LendInvest

Lloyds Bank

Mansfield Building Society

MarketInvoice

Mercantile Trust

Metro Bank

Molo

Nationwide Building Society

Hinckley and Rugby Building Society

NatWest

Newbury Building Society

Nucleus Commercial Finance

Octopus Property

Paragon Bank

Precise Mortgages

Proplend

Royal Bank of Scotland

Saffron Building Society

Santander

Shawbrook Bank

The Cambridge Building Society

The Cumberland

The Mortgage Lender

The Mortgage Works

Together

Ultimate Finance

United Trust Bank

Unity Trust Bank

Vida Homes Loans

Virgin Money

Yorkshire Bank

The requirement for occupiers to waive their rights of occupation where a property is being mortgaged has been termed differently by various different mortgage lenders, and there’s inconsistency as to the names used for the documents the lenders ask occupiers to sign, which often causes confusion. Your lender may refer to the documentation as:-

  • An ‘Occupier’s Waiver’ form;
  • A “Deed of Waiver”
  • A Deed of Postponement;
  • A ‘Deed of Consent’; or
  • By some other similar itineration of the above.

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?

The mortgage lender will need to be able to prove that the occupier signing the Occupiers 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 to the effect that mortgage lenders are under a duty to make reasonable enquiries into whether there are adult occupiers who should be required to waive their rights of occupation, and that independent legal advice from a solicitor or licensed conveyancer, who advising them on the effect of waiving their rights of occupation, is appropriate in order to ensure that the occupier understands the effect of the documents they’re asked to sign. Once 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.

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 Occupiers Waivers forms 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 necessary independent legal advice you need. Simply choose your appointment or get in touch with us on [email protected] or call our office on 0333 300 1879.

If you are not ready today to book you may secure our fixed price offer for 30 days here.