What Is An Occupier Waiver Form?

An occupier waiver form, also known as an occupier’s consent form, is a legal document that someone living in a property - who isn’t the owner or on the mortgage - signs to give up any potential rights to stay in the property if the mortgage lender needs to repossess it.

This means that if the borrower defaults on the mortgage, the non-owning resident (the occupier) acknowledges that they will leave the property.

What is included in an occupier waiver form?

A typical occupier waiver form includes:

Personal details of the occupier (full name, address, and date of birth);
Information about the mortgage, including the lender’s name and borrower’s name;
A section where the occupier acknowledges that they are aware of the mortgage and lender’s rights over the property;
A statement where the occupier agrees to waive any legal right to remain in the property if the mortgage lender needs to repossess it;
A statement where the occupier waives any equitable interest in the property;
A section confirming that the occupier has received independent legal advice;
Information about the solicitor who provided the advice;
Space for the occupier to sign;
Space for a witness to sign.

An occupier consent form is the same as an occupier waiver form in that it is still designed to protect the mortgage lender by confirming that the occupier consents to the mortgage terms and understands that they have no right to remain if the property is repossessed.

The only difference is semantics. ‘Waiver’ emphasises the act of giving up rights, while ‘consent’ highlights agreement to the mortgage terms.

Who needs to sign an occupier waiver form?

Non-owning partners or spouses

If you’re living in a property with your partner or spouse, but your name isn’t on the mortgage or the title deed, you’ll need to sign an occupier waiver form.

This includes situations where one partner owns the property and the other simply lives there.

Signing this form means acknowledging that if the owner defaults on the mortgage, you have no legal right to stay in the property.

Adult children

Adult children (those over 18) living in their parent’s home, especially when the parents are taking out a mortgage or remortgaging, will need to sign an occupier waiver form to ensure they do not claim a right to stay in the property in case of repossession.

Other family members

Any other family members, such as siblings, parents, or extended family, who live in the property but are not on the mortgage or title deed, will also need to sign this form to safeguard the lender’s right to repossess the property without facing any occupancy claims from these residents.

Tenants and lodgers

In some cases, tenants or lodgers might be asked to sign an occupier waiver form. However, this is less common, as tenancy agreements typically cover these situations.

Why might I be asked to sign an occupier waiver form?

Occupier waiver forms are used to protect mortgage lenders.

They need assurance that they can repossess the property without any legal complications if the borrower fails to meet the mortgage payments. Without this assurance, anyone living in the property could potentially claim the right to stay, complicating the repossession process.

As such, you might be asked to sign an occupier waiver form if:

You are buying a property and going to live it with your partner or spouse but your name isn't on the mortgage or the title deed;
The property where you live is being remortgaged and you're not named on the mortgage or title;
Equity release is being considered.

Occupier waiver forms may also be required if a new adult occupier moves into the property or in situations where one person is on the mortgage but not contributing financially, and the other person contributes but is not on the mortgage.

What are the legal implications of signing an occupier waiver form?

The primary legal consequence of signing an occupier waiver form is that you waive your right to remain in the property if the mortgage lender repossesses it. This means:

You acknowledge that you have no legal claim to stay in the property if the borrower defaults on the mortgage;
In the event of repossession, you must vacate the property along with the borrower.

You also may waive any equitable interest in the property, meaning you can’t claim any part of the property’s value or proceeds from its sale.

What should I do if I need to sign an occupier waiver form?

Before signing, you should make sure you understand that you are giving up any right to remain in the property if it is repossessed.

Many lenders require that you seek independent legal advice before signing an occupier waiver form to ensure you make an informed decision and you’re not being pressured into signing something without understanding your rights and the consequences.

Do I need independent legal advice before signing an occupier waiver form?

As we’ve mentioned, seeking independent legal advice before signing an occupier waiver form is not only a good idea but often a requirement.

This is because if an occupier were to sign the form without getting advice they could later claim that they didn’t understand what they were signing, which could complicate repossession.

What is the process for signing an occupier waiver form?

Upon being asked to sign an occupier waiver form, you should seek independent legal advice from a solicitor. They will explain the implications of signing the form and ensure you understand your rights and consequences. Your lender will likely require proof that you have done this before signing the form.

After receiving legal advice and reviewing the form with your solicitor, you’ll typically need to sign the form in front of a witness, who may also need to sign the document.

Once signed, the form is returned to the mortgage lender and the transaction can proceed.

Can you receive independent legal advice on an occupier waiver form via video call?

Many mortgage lenders now accept independent legal advice provided via video call. However, it’s important to check with your specific lender to ensure they accept this form of legal consultation.

During the video call, your solicitor will explain the contents of the occupier waiver form, discuss the implications of signing it, and answer any questions you might have.

After the consultation, your solicitor should provide written confirmation that you have received independent legal advice. This document can be sent to you and your mortgage lender electronically, often via email.

What happens if I refuse to sign an occupier waiver form?

If you or another adult occupier refuses to sign the occupier waiver form, the lender may refuse to proceed with the loan or request additional terms to protect their interests.

It could also jeopardise any property purchase you’re involved in, as sellers might look elsewhere for other buyers due to the delay.

Get independent legal advice on an occupier waiver form

Signing an occupier waiver form might seem intimidating, but it’s an essential step in many property transactions to ensure mortgage lenders can protect their interests.

If you’ve been asked to sign an occupier waiver form, remember that by doing so you’re waiving your right to remain in the property if it’s repossessed.

As such, it’s really important to fully understand what you’re agreeing to and the potential consequences.

At Lawhive, our network of property lawyers is on hand to provide fast, affordable independent legal advice regarding property transactions, including advice on occupier waiver forms.

Contact our Legal Assessment team today for a free case evaluation and quote for independent legal advice.

What Is An Occupier Waiver Form?

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