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Our solicitor is available from 23/05/2022* and we offer Occupier Waiver independent legal advice for all mortgage lenders**.

Our Fixed Fee is £180 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***.

An occupier waiver, or deed of consent is a requirement of some mortgage lenders when you are living in a property, are over the age of 16 but you are not a party to the mortgage. By signing the form you waive your legal rights to live in the property. This is so that you can't stop the lender from repossessing the property if the borrowers are unable to keep up with their mortgage repayments.

The mortgage lender requires the Occupier Waiver Form to be signed in the presence of a solicitor. We offer this service via Skype or Zoom and have availability the next working day - you can book your appointment once we have your formal instruction.

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
  • Canada Life
  • 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.

Frequently Asked Questions
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 they require your solicitor to give advice on.
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.
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 answer for you, communicate with us, be on the call with the occupier (you) or sign the occupier waiver advisory letter for you.
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.

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.

* Subject to availability. If we are fully booked ask and we will see if we can fit you in sooner.
** We can act for all mortgage lenders, however some lenders such as Fleet Mortgages do not allow ILA by video conference. To avoid delays check with your lender or ask us if we can complete via video conference.
*** The Certificate of Independent Legal Advice is sent by email or post on the same day you sign your Advisory Letter online.
Talk to a solicitor
We are friendly and always happy to help whenever we can and offer meetings at short notice. Get in contact today and see how we can help you with your Occupier Waiver Form.