Buying my council home (occupier deed)

benson2221

Buying My Council Home: Occupier Deed and Legal Advice for My Mum

I am in the process of buying my council home. I am the sole tenant on the council tenancy, but I live with my mother. My mum has always understood that if I did not pay the rent, she could lose her home. Now that I am purchasing the property, I need to sign a mortgage deed, and my mum needs to sign an occupier deed.

The occupier deed essentially confirms that my mum understands that the mortgage lender takes priority. If I fail to pay the mortgage, she could lose her home—essentially the same risk as before, just under different circumstances. My mum fully understands this risk and is well-informed about the situation.

When my mum took the occupier deed to a solicitor to be witnessed, she was told they couldn’t witness the document without opening a file and providing her with legal advice. My question is:

 • Is it legally necessary for my mum to receive formal legal advice, or is it sufficient for the occupier deed to be witnessed by an ordinary witness (e.g., a non-legal professional)?

I am keen to avoid any delays in the completion process, so any guidance on this would be greatly appreciated.

Thank you!

housebuyer143

I don't think you need a solicitor to witness it. Call the lender and ask, but in my experience they just anyone not related to you sign the actual mortgage deed, so it's probably similar with this one as well

elsien

When I had to do one, I was asked to get independent legal advice. 

It was a good few years ago now, but I think it was a lender requirement for that particular lender. It may be different for other mortgage companies. 

It was a quick process though, so if it is necessary for you, it shouldn’t delay anything.