Independent Legal Advice for Occupier Consent & Waiver Forms

What is an occupier consent or waiver form?

When a property is bought or remortgaged with a mortgage, the lender wants to be sure that nobody living there could hold up a repossession if things ever went wrong. So if an adult will be living in the property but is not named on the mortgage — a partner, a grown-up child, a parent, a friend — the lender usually asks that person to sign an occupier consent form (sometimes called an occupier waiver, deed of consent or consent to mortgage). By signing, you confirm that you know about the mortgage and agree that your right to live in the property ranks behind the lender's rights.

Why does the lender require independent legal advice?

The form asks you to give up potentially valuable rights, and you get no direct benefit from the loan — the mortgage is not yours. Because of that, lenders and their solicitors usually insist that you receive independent legal advice (ILA) before signing. Independent means from your own adviser, not the one acting for the buyer or the lender, so there is no conflict of interest. Once you have been advised, a certificate confirms the document was explained to you and that you signed freely. It protects you from signing something you did not understand, and it protects the lender from a later claim that you did. Our certificates are prepared to satisfy standard lender requirements, and if your lender has its own form of certificate we simply complete that instead — just email info@ilahub.com.

What you are agreeing to — the risks in plain English

• Your right to live in the property will rank behind the lender's mortgage. If the borrower falls seriously behind on payments and the lender repossesses, you agree to move out and cannot insist on staying.
• Any interest you might have in the property — for example because you contributed to the deposit or pay towards the bills — is postponed behind the mortgage as far as the lender is concerned.
• Depending on the wording, the consent can also cover further borrowing the lender later secures on the property, not just the original loan.
• Signing does not make you responsible for the mortgage payments — but it does limit your ability to object if the lender enforces its security.

None of this means signing is the wrong decision — most occupiers sign and nothing ever comes of it. The point of the advice appointment is that you understand exactly what the form says before you do, and can ask anything you like in private.

Who typically needs this advice?

Anyone aged 17 or over (lenders' age thresholds vary) who will live in a mortgaged property without being a party to the mortgage. Common examples: a partner or spouse not named on the mortgage, adult children living with parents who are buying or remortgaging, parents moving in with their children, and other family members or lodgers. If more than one occupier has been asked to sign, each person needs their own advice — our fees are per person, and each of you receives your own certificate.

How ILA Hub's process works

Everything is done remotely, UK-wide, with nothing to print or post. You book a secure video appointment (Monday to Friday, 9am–7pm), verify your ID online beforehand, and send us the occupier consent form and any certificate your lender or the solicitors have supplied. In the appointment your legal adviser explains the document, answers your questions and confirms you are signing freely. Your signed ILA certificate is then emailed to you — and, if you wish, directly to the solicitors — the same working day as your appointment, on every tier.

Fees are fixed and per person: Standard £150 (appointment within 2–3 working days), Fast Track £250 (from the next working day) or Priority Same-Day £350 (earliest availability, including same day). The higher tiers buy an earlier appointment, never a faster certificate — that is always same working day. See our pricing for full details, or read more about how it works.