what is occupiers consent form?

behula

No, we assumed he didn't have capacity to sign and conveyed it to the convayencer. This was incorrect. when we explain the details to him, he understood and is prepare to sign.Then our son who is a young doctor said every adult is believed to have a capacity to make a decision whatever their disability is. The information can be given in any form they understand, all practicable support must be given befor deciding he can not make a decision.

We shouldn't have assumed that he can not make a decision or sign, Mental capacity law says person's autonomy to make a decision must be respected unless it is proved otherwise.

But now our conveyancer is stuck by our previous statement and not prepare to accept his signature,

Uplink

I'm remortgaging and have taken a friend in earlier in the year. Sounds to me like she has to sign the Occupier's Consent and Postponement Deed, but if I can avoid it, it would be great - I don't think she'd oppose signing, but I can do without complications.



She's not a tenant in my property. She's not paying me rent, she doesn't pay bills, and there's no relationship between us.


Does she have to sign? If she does have to sign it, what sort of rights might she get by her mere presence that I have to be aware of, and what legal steps should I take to make sure everything is proper for both of us?

Uplink

Uplink wrote: »

She's not a tenant in my property. She's not paying me rent, she doesn't pay bills, and there's no relationship between us.

OK... I got the terms and conditions, and they say:

3.4. You will obtain our permission in writing before: (...) * giving up or sharing possession of the Property, or granting any lease, easement, licence or right to occupy the whole or any part of the Property

(Facepalm moment: just before I got these in the post, I asked Natwest customer services for a copy - it's not available online, and they couldn't provide it...)


That clarifies matters, I guess.

kingstreet

If she will be residing in the property on completion day, she has to sign it.

It is nothing to do with her rights it simply prevents her from claiming a 'tenancy' and the right to remain in the property in the event of repossession.

Anonymous2020

My mother signed a occupy consent form when I purchased my house in 2009, as she was going to be living with me for a short time. I asked her to leave, giving her a years notice, this didn’t come as a shock as we’ve spoken about it for years, she just always delayed it.  She is now claiming I bought the house in trust for her. Surely this form confirms she is making a false claim?  

Thrugelmir

Anonymous2020 said:

My mother signed a occupy consent form when I purchased my house in 2009, as she was going to be living with me for a short time. I asked her to leave, giving her a years notice, this didn’t come as a shock as we’ve spoken about it for years, she just always delayed it.  She is now claiming I bought the house in trust for her. Surely this form confirms she is making a false claim?  

What does she have to prove her claim? 

samarnesen

Bit of a tricky one, my husband already owns a house he is trying to take out a second charge mortgage, his ex wife lives in the property. Is there any way we can get around the deed of consent as we know she won’t sign it as it has been a very acrimonious split, there is £100k equity in the property he is looking to borrow £15k 

Thrugelmir

samarnesen said:

Bit of a tricky one, my husband already owns a house he is trying to take out a second charge mortgage, his ex wife lives in the property. Is there any way we can get around the deed of consent as we know she won’t sign it as it has been a very acrimonious split, there is £100k equity in the property he is looking to borrow £15k 

What agreement was reached and written into the financial consent order? 

midlandsbuyer70

Hello there, 
My partner and I are completing our mortgage paperwork and are trying to work out if we need to complete the "occupiers consent and postponement deed" form? 

We have a rough idea of its intent but as we are both going to be named on the mortgage and have no one else living with us, do we still need to fill this form out?

Thanks 

davidmcn

midlandsbuyer70 said:

My partner and I are completing our mortgage paperwork and are trying to work out if we need to complete the "occupiers consent and postponement deed" form? 

We have a rough idea of its intent but as we are both going to be named on the mortgage and have no one else living with us, do we still need to fill this form out?

If whoever sent it to you hasn't explained what you're meant to be signing, you should really be asking them. But no, occupiers' consent is for non-borrowers to consent to the mortgage - obviously the borrowers realise there's going to be a mortgage over the property.