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Occupier’s Consent

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 flat share 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?

We charge £160 plus VAT.

Why use Oakwood Property Solicitors?

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

We’ll help you by:

  • Having a one-to-one meeting in person or over a video call. During this meeting no other party should be present to avoid influencing the borrower.
  • Explaining 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, we would ask you to sign the paperwork and it would then be returned to the relevant bank or building society.

How do I make a start?

Get in touch with our team at Oakwood Property Solicitors on 0113 218 5727 and we will make the process as simple as possible.