What is an occupier's consent form?

Why lenders ask for it

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).

Who usually has to sign

• a partner or spouse who isn’t on the mortgage
• adult children living at home
• parents or other relatives who live with the borrower
• a lodger or friend sharing the home

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.

What you are agreeing to

By signing, you agree that any right you have to occupy the property is postponed to the lender’s mortgage. In practice, that means:

• if the borrower falls behind and the lender repossesses, you’d have to leave along with the borrower
• you couldn’t use your own rights of occupation to stop the sale
• this usually covers any further borrowing secured by the same mortgage, not just the original loan

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.

If you’ve paid towards the property

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.

Can you refuse to sign?

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.

Why independent legal advice is required

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.