What happens during an occupier waiver meeting?

The solicitor runs through the occupier waiver form (also known as a deed of consent form or occupier consent form), that you are signing and explains each of the parts of it to you. Here are examples of what a mortgage lender asks your solicitor to give you advice on: The Lender requires the Borrowers to give them a Legal Charge over the Property. You agree to this. You may have or may gain in the future, rights to a share in the Property or rights to occupy it. If you do, you agree that these rights will be postponed and the Lenders rights, interests and remedies under the Legal Charge will take priority. You may have or may gain in the future, rights to a share in the Property or rights to occupy it, if you are the husband, wife or civil partner of the Borrowers under the Family Law Act 1996 (or similar law). If you do, you agree that these rights will be postponed and the Lenders rights, interests and remedies under the Legal Charge will take priority. lf the Lender gives the Loan to the Borrowers, you agree you will not try to claim or enforce any rights you may have against the Lender. These could include rights, interests or claims in equity, including an overriding interest. You agree that if the Lender exercises their rights under the Legal Charge, you will give up possession of the Property by moving out. You agree that the benefit of the Deed of Consent can be transferred to a 3rd party, if the Lender also transfers the Legal Charge to them. The Lender may give time, forbearance, waiver or come to some other arrangement with the Borrowers or a 3rd party in relation to the Loan or Legal Charge. You agree that if they do, it will not affect the arrangement in this Deed of Consent. Each mortgage lender has their own version of the occupier waiver to sign, so speak to your mortgage lender to find out what specific rights they require you to agree to.

Can I get help from someone else with my occupier waiver?

It can be intimidating for the occupier to speak to a solicitor however the solicitor has an obligation to them to ensure the occupier is fully aware of what they are waiving when signing the occupier waiver form. Our solicitor must communicate directly with the occupier signing the waiver and not with any other party. If the occupier has legal capacity to sign the occupier waiver then they don't need to have anyone with them during the meeting. If they don't have legal capacity then they can’t agree to an occupier waiver. A third party can help by setting up the room ready for the Skype or Zoom meeting, but they can’t be on the call with the occupier (you), answer for you, communicate with us, or sign the occupier waiver advisory letter for you.

Can someone with power of attorney speak on my behalf?

Yes they can. However, they will need to provide an original or a certified original copy of the Power of Attorney to us. We will also need the ID and proof of address from your power of attorney, along with a confirmation that the lender is aware that they are signing the occupier waiver instead of the occupier on the form.

Does the occupier need to understand the financials of the transaction?

Yes they do. The mortgage lender requires the occupier to be fully aware of the mortgage offer and mortgage conditions in order that the occupier can give an informed consent. In most waivers it will state "(the solicitor) advised me (using a copy of the mortgage offer and mortgage conditions provided to me) of the purpose and amount of the loan advance, interest rate, the term of the initial loan and the payment details and that further advances may be made in future". This is just an example and your waiver may be different.

Why do I have to be alone in my occupier consent meeting?

The purpose of independent legal advice is to make sure that you understand the risks and implications of what you are agreeing to and that the decision to sign is yours and yours alone. The adviser must be able confidently to confirm that you are not being coerced into signing the documents. If you are not on your own during the meeting then the solicitor will stop the meeting and you will need to rebook at a time where you are alone at a cost of £120 INC VAT. We will not refund any fee to you if you don't rebook.

Occupier Waiver Form | Deed of Consent

You need to sign an occupier waiver form (also called a deed of consent or occupier consent form) if you are over 16 and living in a property but you are not a party to the mortgage. This document waives your legal rights to live in the property, in the event that the borrowers break their repayment contract with the lender and the lender is forced to repossess the property.

As long as the mortgage holder keeps up their repayments this shouldn't effect you. However, if they default on their mortgage, you could lose your home. While this doesn't happen often, you must receive proper legal advice to ensure you understand the implications before signing the occupier consent, in order for it to become legally binding.

Book an Occupier Waiver Advice Meeting Today

Our solicitor is available from 18/11/2024* and we offer Occupier Waiver independent legal advice for all mortgage lenders**.

Our Fixed Fee is £181 INC VAT (per person requiring advice). Short on time? We can expedite your appointment for no extra charge and use Recorded Delivery to send your certificate***.

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The mortgage lender requires the signor of the occupier waiver form to receive proper legal advice from a solicitor, who must be satisfied that you understand the agreement fully. We offer this service from the comfort of your own home, via Skype or Zoom, and have availability the next working day - you can book your appointment once we have your formal instruction.

Can you act for my lender?

We have advised occupiers regarding their consent form for the following lenders:

Accord Mortgages
Al Rayan Bank PLC
Aura Finance Limited
Aviva Equity Release UK Limited
Aviva Equity Release UK Ltd
Barclays Bank UK Plc
Cambridge Building Society
Gatehouse Bank

Halifax (Bank of Scotland plc, Halifax division)
HSBC UK Bank Plc
Just Retirement Money Limited
Leeds Building Society
Loan Logics
Monmouthshire Building Society
More2Life Limited
National Westminster Bank Plc

Nationwide Building Society
Onesavings Bank Plc t/a Kent Reliance
Santander UK Plc
Scottish Widows Bank
The Mortgage Lender Limited
TSB Bank plc
UBS AG
United Trust Bank
Virgin Money Plc

If your mortgage lender isn't listed above then it is likely we can still help. As long as your mortgage lender allows meetings via remote video conference, then we will be able to help you.

Does your Lender accept ILA by video conference?

Some mortgage lenders will not accept independent legal advice provided by video conference. It is your responsibility to check that they will accept a signature which has been witnessed by video conference. If your certificate is refused by your mortgage lender because your independent legal advice was conducted by video conference, Parachute Law reserves the right to withhold any refund of our fees.

Which lenders can we NOT help with?

Canada Life
Foundation Home Loans
More2Life
Together Money
Together Commercial Finance Limited

Sample Occupier Waiver Form Template

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