Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • daxu
    • By daxu 1st Feb 10, 12:58 PM
    • 167Posts
    • 14Thanks
    daxu
    what is occupiers consent form?
    • #1
    • 1st Feb 10, 12:58 PM
    what is occupiers consent form? 1st Feb 10 at 12:58 PM
    Hello,
    I am in the process of buying a flat. Today my solicitor emailed me saying that
    "I have also requested an Occupiers Consent Form from Halifax which I will need send to you in order for the occupier to sign."

    I know the general process of house buying and mortgage. But I am not sure what is occupiers consent form and what is the purpose. I emailed my solicitor back (as it is an internet one I don't really expect quick response). Can someone tell me what this form is about?


    Many Thanks
Page 3
    • davidmcn
    • By davidmcn 1st Apr 17, 7:47 PM
    • 6,245 Posts
    • 6,026 Thanks
    davidmcn
    However, If my wife signs this consent form, can the lender repossess and evict in an interim period where my wife has not received the proceeds of said life policy and hasn't potentially got the means to pay the mortgage payments in that period?
    Originally posted by SWTW
    In theory yes, but it's a rather unlikely scenario you've cooked up there. The repossession procedure takes ages, the lender would know that their money will be coming through soon enough, and besides, lenders don't like the sort of publicity associated with evicting grieving widows.
    • SWTW
    • By SWTW 1st Apr 17, 7:50 PM
    • 3 Posts
    • 0 Thanks
    SWTW
    I suppose the estate would be wound up and mortgage payments frozen and a redemption figure presented once the proceeds of the life policy have been released to my wife to settle that final figure with the lender or she might be in a position to continue with the mortgage in her name.
    • SWTW
    • By SWTW 1st Apr 17, 7:51 PM
    • 3 Posts
    • 0 Thanks
    SWTW
    Thank you David.
    • davidmcn
    • By davidmcn 1st Apr 17, 10:57 PM
    • 6,245 Posts
    • 6,026 Thanks
    davidmcn
    I suppose the estate would be wound up and mortgage payments frozen and a redemption figure presented once the proceeds of the life policy have been released to my wife to settle that final figure with the lender or she might be in a position to continue with the mortgage in her name.
    Originally posted by SWTW
    If the life policy has been written in trust for her then there shouldn't be any need to wait for probate and the estate to be wound up - the insurers should pay her directly. So no likelihood of a delay, unless there's some query about whether the policy is valid.
    • Rjanw
    • By Rjanw 28th Apr 17, 6:03 PM
    • 1 Posts
    • 0 Thanks
    Rjanw
    Hi, what happens if someone over 17 moves in after the completion date? Do you just fill out the form and send it in whenever relevant?
    • kingstreet
    • By kingstreet 28th Apr 17, 6:40 PM
    • 32,359 Posts
    • 17,368 Thanks
    kingstreet
    Hi, what happens if someone over 17 moves in after the completion date? Do you just fill out the form and send it in whenever relevant?
    Originally posted by Rjanw
    No. Once the mortgage is in force, it isn't normally needed.

    One or to lenders do ask for notification of a change of occupiers in their general mortgage terms though.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
    • Rodger1988
    • By Rodger1988 3rd May 17, 5:25 PM
    • 2 Posts
    • 0 Thanks
    Rodger1988
    Hi everyone,

    Sorry for another post to this long thread I just want to ensure I have taken the info onboard correctly.

    My partner is buying a house and the morgatge is fully in their name etc I am not part of it. I have been asked to sign one of these forms which I am happy to, I am just wondering will it impact my partners chance of getting the mortgage at all?

    Thank you so much for any info
    • kingstreet
    • By kingstreet 3rd May 17, 5:39 PM
    • 32,359 Posts
    • 17,368 Thanks
    kingstreet
    I have been asked to sign one of these forms which I am happy to, I am just wondering will it impact my partners chance of getting the mortgage at all?
    Originally posted by Rodger1988
    It will if you don't/won't sign it.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
    • Rodger1988
    • By Rodger1988 3rd May 17, 5:44 PM
    • 2 Posts
    • 0 Thanks
    Rodger1988
    Thank you kingstreet

    Obviously more then happy to sign lol, just wondering if it made any difference compared to if there were no occupants.
    • davidmcn
    • By davidmcn 3rd May 17, 5:55 PM
    • 6,245 Posts
    • 6,026 Thanks
    davidmcn
    Obviously more then happy to sign lol, just wondering if it made any difference compared to if there were no occupants.
    Originally posted by Rodger1988
    If you've been asked to sign the form then surely they've already got their mortgage offer? I can't see what difference it makes though.
    • Vicky36
    • By Vicky36 14th Jun 17, 3:50 AM
    • 1 Posts
    • 0 Thanks
    Vicky36
    I am sorry to post on such a old thread but I am slightly anxious regarding this form.

    My Partner of 14 yrs is in the process of buying a home for us.

    He has applied for the mortgage on his own. I have had 2 operations in the last 14 mnths and Alot of time off work we didn't think we would get a mortgage in both of our names due to my lack of income just recently.

    The plan is for us to remortgage in the next 2 years.

    I would like to know is this form only for the time we have the mortgage with this company?
    My partner has a life insurance policy which is to be paid to me incase anything happens to me.
    He wants me to use the money to pay off the mortgage if something happens to him.

    My fear is that if I sign this form I am going to not be able to act upon his wishes.

    Does this form become invalid so to speak if we remortgage?
    Would a will trump this form so to speak?

    I am sorry if I am not explaining myself very well all this talking of my partner having a fatal accident and so on has really got my anxiety through the roof.

    I suppose I just want to know that this form is only valid for this mortgage company.

    I am making a appointment with a solicitor in the next few days but I am so anxious about this form.

    Thank you in advance for any help or advice anyone maybe able to offer me.
    • kingstreet
    • By kingstreet 14th Jun 17, 8:45 AM
    • 32,359 Posts
    • 17,368 Thanks
    kingstreet
    All it does is prevents you claiming the right to live in the property in the event of repossession.

    It does/prevents nothing else.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
    • Phiggins81
    • By Phiggins81 25th Sep 17, 8:05 PM
    • 1 Posts
    • 0 Thanks
    Phiggins81
    Apologies for resurrecting an old post, but I have a slightly different query.


    I am trying to get hold of a copy of the occupiers consent form I signed, however my solicitors went into administration last month. I have contacted the mortgage lender who advised they do not hold a copy.


    I am assuming that I will have to contact another solicitor to act on my behalf and trace it down, or is there another way I can get a copy. I have a fairy short time frame to do this in and was wondering what the best options are?


    Any help is appreciated.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,753Posts Today

8,215Users online

Martin's Twitter