what is occupiers consent form?

mlx88

Hello. I've read through this thread, really helpful thank you!
I have a situation, where my friend is temporarily staying with me (she's couch surfing and currently in the process of finding her own place). On the completion date, I anticipate she will not be staying with me (but you just never know, or if so it will be a very short period of time). Do I need to declare this? How is this checked? Thanks! 

ADe78

Hope someone can help. My eldest son is in the process of buying a larger house with his wife with the intention of having my younger son live with them, initially on a part time basis but eventually he will live there permanently. My younger son who has autism and learning disabilities and cannot read and write currently lives in the family home with me and my husband. He has now been asked by the mortgage lender to sign an Occupiers Consent and Postponement Deed. We can explain what it says but are not sure how much he will understand so are concerned about asking him to sign it and how this may effect the legality of the document. If he doesn't sign will this effect my older sons mortgage application? Also who can witness the document?

kingstreet

Will he reside in the property from completion day? If not, there is no requirement.

This applies to occupants on completion day only.

ADe78

Thanks for your response. No he won’t be living there on completion day but presumably once he does move in he will still have to sign the deed. Is that correct?

kingstreet

No. It applies only to those who will move in on completion day.

It doesn't apply to those moving in later, as stated. Those people are bound by the terms of the mortgage deed which is (by then) already in place.

getmore4less

ADe78 said:

Hope someone can help. My eldest son is in the process of buying a larger house with his wife with the intention of having my younger son live with them, initially on a part time basis but eventually he will live there permanently. My younger son who has autism and learning disabilities and cannot read and write currently lives in the family home with me and my husband. He has now been asked by the mortgage lender to sign an Occupiers Consent and Postponement Deed. We can explain what it says but are not sure how much he will understand so are concerned about asking him to sign it and how this may effect the legality of the document. If he doesn't sign will this effect my older sons mortgage application? Also who can witness the document?

Someone may have implied young son was /will be living there to the lender. Sounds like younger son should have a deputy

Nelly851

My husband and I are buying our first house. Both of us have applied for the mortgage and the property will be in both our names. We just got our mortgage offer, in the offer there is a generic section which explains the consent form and it is mentioned that if an adult over 17 will be "living in the property on completion" they need to fill the consent form.

Now, out situation is a bit complicated and I don't know if the form applies to us or not. My parents live abroad but from time to time they come to the UK and live here. In practice, when they are in the UK they usually rent their own place or if they come for a shorter period of one or two months they might stay with us. Currently, they are abroad but registered for GP and bank at our current address. Now, once we move to the new house we will need to update their address to the new property and also set up a mail forwarding account for them, I assume. But in reality they don't physically live with us and they won't even be in the UK in completion. 

Do we need to fill the consent form?

kingstreet

No. They will not reside in the property from completion.

sassi

We have to fill in this form

for my adult son my daughter and myself as husband is sole borrower. 

We are happy to do so, however…

From the section at the bottom it sounds like we need a solicitor to do this so I asked a local form that is not acting for my husband for an estimate. They have come back with the following… seems extremely expensive considering the conveyance solicitors for my husband is only £1550….

and advice gratefully received!!!

Thank you for sending this through.

 I understand your comments that you are happy you are aware of the contents but you will see at the bottom of the second page of the document it requires that the solicitor specifically confirms we have advised you before signing.

 

We cannot do that - unless we have actually advised you.

 

To confirm it would involve an in person meeting.

 

If we would be advising three occupiers, our fee would be £1,000 + VAT (i.e. £500 + VAT for the first person then 50% discount for each additional person after that) plus a £30 per person Id check fee. 

 

If that is something you would like us to assist with, or if you had any queries at all, please do not hesitate to get in touch. I hope this assists to clarify the process and the costs involved for you. 

 

Many thanks,

sassi

Sorry forgot to add link - this is the form …
https://www.leedsbuildingsociety.co.uk/_resources/pdfs/intermediaries-pdfs/intermediaries-forms-pdfs/hub/mortgage-hub-forms/declaration-by-occupier.pdf