An occupier's consent form is a document a mortgage lender asks adults living in a property to sign, when they aren't borrowers. By signing, you agree that the lender's mortgage comes before any right you have to live there. If the lender repossesses, you would have to leave.
Home & family property·Reviewed by Saba Rehman, Solicitor · 9 October 2026·3 min read
Key takeaways
When a lender gives a mortgage, it wants to be sure it can sell the property with vacant possession if the borrower stops paying. An adult living in the property could claim a right to stay there, for example because they contributed to the purchase price or to the mortgage payments. That could make it harder for the lender to repossess and sell.
To remove that risk, lenders ask every adult who will live in the property, but isn’t named on the mortgage, to sign an occupier’s consent form (sometimes called an occupier’s waiver or deed of consent).
Each lender sets its own age threshold, usually 17 or 18. Your mortgage offer or the lender’s instructions to the conveyancer will list who needs to sign.
By signing, you agree that any right you have to occupy the property is postponed to the lender’s mortgage. In practice, that means:
It does not make you a borrower. You don’t take on the mortgage debt, and the lender can’t ask you to make the payments.
This is the most important point to think about. If you have given money towards the deposit or purchase, or will help with the mortgage, signing the form means that money is effectively behind the lender’s loan. In a repossession, the lender is repaid first.
If you want your contribution recognised, talk to a solicitor before you sign. One option is a declaration of trust, which records your share between you and the owner. Your solicitor can explain how that works alongside the mortgage. If the money was a gift, see our guide to gifted deposits.
Yes. It is your decision. But the lender is very unlikely to lend without your signature if you’ll be living in the property, so refusing will usually stop or delay the mortgage. If you have concerns, raise them with a solicitor and with the borrower before the completion date gets close.
Many lenders want a solicitor to confirm that you understand the form and are signing freely, without pressure from the borrower. The solicitor acts only for you, not for the borrower or the lender. They explain what you’re giving up, check whether you’ve contributed money, and sign the certificate the lender needs.
The appointment is usually short and can often be done by video. See ILA for an occupier’s consent form.
No. You don't become a borrower and you can't be asked to pay the mortgage. You're agreeing that your right to live there comes after the lender's rights.
Not automatically, but the lender would be repaid before you if the property is repossessed. Speak to a solicitor about recording your share, for example in a declaration of trust.
Usually, if they live in the property and are over the lender's age threshold (often 17 or 18).
Usually, yes. Most lenders accept video advice for occupier's consent forms. A few require an in-person meeting.
Reviewed by Saba Rehman, Solicitor
SRA-regulated · Last reviewed 9 October 2026
Occupier’s consent
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