Independent legal advice for an occupier's consent form
If you live in a property but aren't on the mortgage, the lender will usually ask you to sign an occupier's consent form, and often to take independent legal advice first. A solicitor explains what you are giving up, makes sure you are signing freely, and signs the certificate the lender needs.
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- 70+ lenders
- SRA-regulated solicitors
- Video, or in person in London
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- ★ 4.9 · 282 Google reviews
- 70+ lenders
- SRA-regulated solicitors
- Video, or in person in London
What is an occupier's consent form?
An occupier’s consent form (sometimes called an occupier’s waiver or deed of postponement) is signed by an adult who lives, or will live, in a mortgaged property but is not a borrower or owner.
By signing, you agree that any right you may have to live in the property ranks behind the lender’s mortgage. If the mortgage isn’t paid and the lender takes possession, you would not be able to rely on your occupation to stop it.
Why does my lender require independent legal advice?
Lenders want to be sure that everyone living in the property understands the effect of the form and has not been pressured into signing it. Many therefore require the occupier to receive advice from a solicitor who is independent of the borrower and the lender.
Without the signed form and certificate, the lender may not release the mortgage funds.
What your solicitor will explain
What you are giving up
How the form affects any right you have to stay in the property.
What happens on default
What could happen to you if the mortgage payments are not made.
Ownership
That signing does not give you a share of the property, and what to consider if you contributed money.
Your choice
That you don't have to sign, and what that might mean for the purchase or remortgage.
Completion deadline close? Same-day appointments available.
Documents you'll need
- The occupier's consent form from the lender
- The mortgage offer, if available
- Your lender's ILA certificate template, if it has one
- Photo ID (passport or driving licence)
- Proof of address dated within the last three months
How it works
- 1
Book a free consultation
Pick a time above. It takes under a minute.
- 2
Speak to your solicitor
An SRA-regulated solicitor explains the risks in plain English, by video or in person in London.
- 3
Certificate sent to your lender
Your signed ILA certificate and documents are dispatched, usually the same day.
Frequently asked questions
Can I get the advice online?
Yes. Most lenders accept advice given by video call, so you can usually be advised from home. If your lender insists on a face-to-face meeting, that can be arranged in London instead.
Is there an ILA solicitor near me?
You don't need one nearby. Our SRA-regulated solicitors advise by video call wherever you are in England and Wales, often the same day, and video advice is accepted in most cases. If you need to meet face to face, appointments are available at the solicitor's office in London.
I paid towards the property. Should I still sign?
Speak to your solicitor first. If you have contributed money, you may want your share recorded separately, for example in a declaration of trust. Your solicitor can explain the options before you sign.
Does signing make me responsible for the mortgage?
No. An occupier's consent form does not make you a borrower. It means your right to live there ranks behind the lender's rights.
How quickly can I get my certificate?
Often the same day. Once your solicitor has your documents and has advised you, the signed certificate is usually sent to your lender, broker or conveyancer the same day.
How much does it cost?
Independent legal advice starts from {price} per person. Your solicitor confirms the fixed fee on your free consultation, before any work starts.
Reviewed by Saba Rehman, Solicitor
SRA-regulated · Last reviewed 9 October 2026
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