what is occupiers consent form?

Kay84

My partner wants me to sign an occupiers consent but I will not be living at the property full-time as our relationship isn't in a stable place at the moment but we have a daughter together so I will be spending time there for her sake. Should i still sign the form and will doing this jeopardise any other living arrangements I have or would like to persue in the future. I hope I've posted in the correct place.

davidmcn

Kay84 wrote: »

My partner wants me to sign an occupiers consent but I will not be living at the property full-time as our relationship isn't in a stable place at the moment but we have a daughter together so I will be spending time there for her sake. Should i still sign the form and will doing this jeopardise any other living arrangements I have or would like to persue in the future. I hope I've posted in the correct place.

If you read the rest of this thread (even just the first page), your question has already been asked and answered by others.

Kay84

Why is there always that one person that has to respond in such a condescending
manner. Previous responses did help alot, but I didn't read anyone that had stated they wouldn't be living at the property FULL-TIME.

davidmcn

Kay84 wrote: »

Why is there always that one person that has to respond in such a condescending
manner. Previous responses did help alot, but I didn't read anyone that had stated they wouldn't be living at the property FULL-TIME.

It doesn't make a difference. The sole purpose of the form is to confirm that you won't object to the lender repossessing the property. That's it. It has absolutely nothing to do with anything else.

kingstreet

Kay84 wrote: »

Why is there always that one person that has to respond in such a condescending
manner. Previous responses did help alot, but I didn't read anyone that had stated they wouldn't be living at the property FULL-TIME.

Will you be resident in the property on the day completion takes place?

If yes, the form needs signing.

If no, it doesn't.

You are only being asked to do this because someone has told the lender/solicitor you live there.

All it does is allows the lender to repossess the property if the mortgagor falls into arrears. It has no other impact on anything else, whatsoever.

daugapils

Hi everyone.

I read through the thread hoping to see if it applies to my question but does not seem so.
Currently I am in the process of remortgaging. My wife was not on the deeds or a mortgage before and as a part of the remortgaging process we will request equity transfer so her name is on the deeds and the mortgage.
The solicitors asked to fill in Occupiers Consent form which is for 'occupiers currently not on the deeds'.
I have emailed them and asked to clarify whether this form needs to be filled it by my wife but it may take several days for them to answer whilst I would like to send out documents as soon as possible.
Does she need to fill it in? Or maybe we should send it filled in anyway as the mortgage questionnaire from solicitors is asking whether we want to do an equity transfer?

Thanks a lot!

kingstreet

If there will be a new mortgage, or she will be added to the old one and a TofE completed, no consent form is required as she will be bound by the terms of the new mortgage deed you and she will sign.

If you erroneously entered her name in the "any other occupants aged over 17" section of the mortgage application, this will have triggered the request by the lender to the solicitor.

daugapils

Thank you very much!

This is a new mortgage with a different mortgage provider.
The mortgage application was done via mortgage adviser who is well aware of our plans so it is unlikely he made a mistake in the application.
I will send out the deeds form signed for both of us and leave the occupiers consent form blank.

behula

Hello, I have read the full thread but our situation is slightly different in respect of Consent form.

My 94 years father live with us for past 23 years. He is a dementia patient. We are ready for completion on our new purchase. We informed conveyancer about him and wrongly assumed he hasn't capacity to sign. Which was incorrect. Our conveyancer concluded that he doesn't understand the implication of signing the consent form so asking for his lasting power of attorney or deputyship which we don't have. It is very comclicated and time consuming process.

He is already on nursing home waiting list to be moved. Until then we are stuck for our completion.

Can we make an alternative arrangement for him with a relative and tell the conveyancer and lender that he is not moving with us. So he will not be with us on completoin day. Can he move back with us on a later stage or he needs to be with our relative until nursing home place becomes available for him
.
This is very stressful situation for us as we have transferred all the funds to Solicitor's account and vendor has packed up ready to move out but can not do so until he gets funds from the sale to do completion on his purchase.

Any advice would be appreciated. Thanks

davidmcn

behula wrote: »

We informed conveyancer about him and wrongly assumed he hasn't capacity to sign. Which was incorrect. Our conveyancer concluded that he doesn't understand the implication of signing the consent form

I'm guessing you mean here that you had assumed that he did have capacity to sign?

How has your conveyancer come to the conclusion that he doesn't? Is there scope to e.g. get a doctor to give an opinion?