Occupier Waiver Form

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What is An Occupier Waiver Form?

An Occupier Waiver Form, also known as an Occupier Consent Form, is typically required by mortgage lenders. A signed waiver form confirms that the signatory is legally bound to leave a mortgaged property should it fall into arrears or if the lender seeks to retake possession under the terms of mortgage.

You will need to receive independent legal advice (ILA) when signing an Occupier’s Waiver Form. Your own solicitor can’t offer ILA and you must get in touch with an independent solicitor. The mortgage contract will be concluded only after all individuals required to provide the waiver form do so.

The waiver form gives the lender the legal right to evict occupants of a mortgaged property if the lender has the right to repossess it under the terms of the contract. Without the waiver form, the lender may not have sufficient legal rights to have the occupants evicted.

Here at the London-based Adam Bernard’s law firm, our independent legal advice solicitors can help you fully understand the implications of the waiver form before you sign it. With the guidance of our Occupier Waiver Form solicitors, you can also ensure that you quickly meet the legal requirements for a mortgage agreement.

Who Must Sign the Occupier Waiver Form?

In the context of a property mortgage agreement, anyone who meets all of the following criteria must sign the waiver form:

  • Aged 17 or above
  • Living at the mortgaged property
  • Not listed on the mortgage

In other words, any adults who are not listed on the mortgage but will be occupying the property are required to provide an Occupier Consent Form. Depending on the lender, this form may be called a consent form, waiver form, occupancy waiver, a letter of consent, or a deed of postponement.

The main theme of the form is that you, as a non-owning occupant at a mortgaged property, consent to the lender’s right to seek an end to your occupation when needed.  Most mortgage lenders require all adult occupants to sign the waiver form before the mortgage can be finalized.

If you are not sure whether or not you qualify as an occupant, you can consult our independent legal advice solicitors. With the guidance of our commercial property solicitors, you can get legal advice on the matter.

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