Solicitor's Advice - What is an Occupier's Consent Form ?

June 2020

You may need an "Occupier's Consent Form" if an adult who is not the legal owner of your property is living in your house and you choose to take out a mortgage on your property. This can cause problems for the mortgage lender in the event that you do not keep up with your mortgage payments, as an occupier can potentially obtain a legal interest in a property even though they are not a registered owner of it.

By signing your mortgage deeds you give an assurance to your bank that you will give them vacant possession of the property in the event that they need to repossess it. Your mortgage lender will be able to claim vacant possession of your property if all the adults who are living in your house sign their "Occupiers Consent Form".

How can Courtyard Solicitors help with your Occupiers Consent Form?

Your mortgage lender may request a signed Occupier's Consent Form before the legal work in respect of your mortgage has been signed - perhaps the person was not an occupier of the property when you originally took out the mortgage, or the lender has only just become aware that a non-mortgage borrower lives at your property.

We can explain the legal implications of the Occupier's Consent Form and to witness their signature of it. We will charge a fixed fee of £240+VAT for this service.

The fee includes; answering your initial query and taking instructions, dealing with "know your client" regulations and ID checks, opening the file on our system, meeting you in person where required, completing the required forms, then dealing with any follow up queries from third parties and file retention for at least six years

If your mortgage lender requires you to get an "Occupiers Consent Form" you can contact us online.