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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Why is an Occupier Waiver Form Required?

The lenders are under a legal obligation to determine whether or not any adult occupants will be living at a mortgaged property. In this context, occupants denote such adults who are not the borrower. Typically, these are the family members of the borrower named on the mortgage.

After a lender has confirmed that adult occupants will be living at the mortgaged property, the lender has the obligation to secure a waiver form. This form grants the lender a legal right to ask the occupants to leave the property when the lender wants to repossess it.

A part of this process is to ensure that the person signing the form has received independent legal advice (ILA). You can consult reputable independent legal advice solicitors for this. This is often a mandatory requirement as the lender will confirm the mortgage only after occupants have signed the form after receiving ILA from occupier waiver form solicitors.

You may also want to consult experienced occupier waiver form solicitors before providing this form. An experienced solicitor can help ensure that your rights are protected and that the form only contains the most necessary elements of consent.

Getting Independent Legal Advice

A key component of the waiver form is to receive ILA from independent legal advice solicitors. Your lender may designate a specific solicitor for the purpose, or allow you to get ILA from an independent solicitor of your choice.

The ILA process looks like this:

  • You get in touch with reputable commercial property solicitors.
  • You request an ILA.
  • You and the law firm agree on a time, date, venue, and method of the meeting. The meeting may be in-person or online via video conferencing. This will depend on the flexibility of the lender’s terms.
  • You must be alone with the commercial conveyancing solicitors during the meeting. No one else is legally allowed to attend the meeting. If another person is present during the meeting, the solicitor may refuse to provide ILA.
  • You are provided details advice and explanation regarding different sections of the consent form. You are also apprised of your rights and the lender’s rights under the terms of agreement.
  • The commercial property solicitors conducting the ILA ask you to confirm whether you fully understand what you have been told at the meeting.

Once you confirm that you fully understand and agree with what the solicitor has explained to you, the solicitor then proceeds with the ILA. Another person with the Power of Attorney on your behalf can attend the meeting instead of you. However, this person must have a certified or original copy of the Power of Attorney.

If the lender eventually wants to have vacant possession of the property, it can claim so in a court of law. The course will look at the ILA and your waiver form to confirm that you willingly waived your rights of occupation as per the Occupier Waiver Form.

Here at the London-based Adam Bernard’s law firm, we understand that the ILA process may seem daunting to you as an occupier. This is why our commercial conveyancing solicitors do everything they can to streamline the process and make it as smooth as possible.

We also accommodate special requests such as online meeting or expedited ILA to help a mortgage agreement conclude quickly.

After Your Sign the Waiver Form

The Occupier Waiver Form is a part of the terms of a mortgage. The borrower seeking to mortgage a property can’t do so until the waiver form has been submitted by all the adult occupants.

Once the form has been submitted, the mortgage will be finalized by the lender. This helps you get the possession of the property.

In the future, if the borrower is unable to make repayments, or if there is any other violation of the mortgage terms, the lender may seek to repossess the property. If this is the case, the waiver form allows the lender to claim vacant possession of the property. As an occupant, you will be forced to vacate the property.

Even after the mortgage is finalized, the lender may ask for an occupier’s consent form. This is the case when the lender becomes aware of adult occupants after you took out the mortgage. Typically, the lender will ask for a waiver form as soon as it becomes aware of an adult occupant living at the property.

If you are not sure whether you should sign the waiver form, you can consult our commercial conveyancing solicitors. We can advise you on whether or not the Occupier Waiver Form should be submitted, and if so, how may you receive ILA to confirm it. Our commercial property solicitors can also speed up the process for you.

Get in touch with our expert Occupier Waiver Form Solicitors today.

Why Choose Adam Bernards?

As discussed above, you will need to obtain ILA before you can sign an Occupier Consent Form when concluding a property mortgage. You may also need legal advice even if a lender waives the ILA requirement. In this case, commercial property solicitors can help you finalise the agreement while protecting your rights as an occupier.

Here at the London-based Adam Bernard’s law firm, we offer independent legal advice for property mortgage and other legal purposes.

During the first step, one of our commercial conveyancing solicitors gets in touch with you to know the basics of your case. The next step is to schedule a meeting where the solicitor can go through the relevant documents with you, explain the scope of the waiver form, and apprise you of other important details.

Our commercial conveyancing solicitors can also directly coordinate with your mortgage lender to see if any other legal requirements must be met. We also accommodate special ILA requests such as providing ILA at your location or arranging an online video conference for a remote ILA meeting.

Our top priority is to provide you ILA in the briefest time possible and at your convenience. You can choose from multiple advice packages available with us to go with an option that expedites the process for you.

Our commercial property solicitors can also help you if you are not sure about the terms of your mortgage as a borrower or any other aspect of your agreement with the lender. Our commercial conveyancing solicitors can thoroughly review the terms to see if your rights as the borrower are protected and whether or not you are unnecessarily liable.

Our occupier waiver form solicitors have a reputation of working closely with the clients to ensure a quick, favorable, and convenient outcome. When it comes to ILA, we ensure that you are explained all the details of the waiver form in a professional yet friendly environment.

Get in touch with us today to discuss your case with our independent legal advice solicitors.

Get in touch with our expert Occupier Waiver Form Solicitors today.