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This form is referred to as “An Occupier’s Waiver” or “An Occupiers Consent Form.” In this case the lender will require a document that waives the rights of the occupier who is not on the title deeds. We offer Independent Legal Advice for an Occupier’s Waiver, often also referred to as Independent Legal Advice for a:

Deed of Waiver
Deed of Postponement
Occupier’s Postponement
Deed of Consent
Occupier’s Consent Form
Occupier’s Consent Witness Certificate
Non-Proprietorship Deed
Form of Acknowledgement
Mortgage Deed and Occupancy Form
Husband & Wife Agreement To Loan

Independent legal advice is most commonly used when a property is occupied by more than one person but not owned jointly. Essentially this is referring to individuals who are occupying the property but not on the title deeds. This could be a husband or wife, (in the case where a property is registered in only one name), a relative, or a child over the age of 18.

This is a stipulation by the lender to officially obtain this authorisation. This is to ensure that in the event of a repossession, a sale of the property cannot be hindered. The lender is effectively seeking assurance that the occupiers will not have any legal rights that may allow them to continue to reside at the property under these circumstances. This is to ensure that the lender’s rights are not interfered with, should mortgage payments fall into arrears and repossession be necessary.

The process is fairly straightforward as the form is normally provided by the lender. We offer the required independent legal advice with a solicitor to certify the documentation which is then forwarded directly to the lender.

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Rosie LLB

Solicitor (27 years of experience)

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Poppy LLB