what is occupiers consent form?

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  • Lamby1
    Lamby1 Posts: 3 Newbie
    First Anniversary Combo Breaker First Post
    Is this something that you should get a new occupier that is not on the mortgage if they move in anyway? FYI I'm not in the process of mortgaging either but would my lender need to know about a change in circumstances?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    Lamby1 wrote: »
    Is this something that you should get a new occupier that is not on the mortgage if they move in anyway? FYI I'm not in the process of mortgaging either but would my lender need to know about a change in circumstances?

    No, it only applies to those occupying at the time you take out the mortgage. Taking in lodgers/tenants at a later date would probably need the lender's consent though.
  • lauren_hb
    lauren_hb Posts: 87 Forumite
    So I buy a house, deposit is all my own money, mortgage payments all my own money. My partner will be living with me, so would he sign this form?
    Then in the future I may wish to add him to the mortgage, this would be allowed and the form just becomes void as he would then be contributing to the house?
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Correct. By being party to the mortgage this will supercede anything previous.
  • Nelcio
    Nelcio Posts: 4 Newbie
    edited 6 April 2016 at 7:02PM
    Hi,

    We have just received the mortgage deed from our solicitors together with an occupier's consent and postponement deed for our daughter who is a 21 years old student away from home. Does she need to sign the form?

    Many thanks.
  • kingstreet
    kingstreet Posts: 38,763 Forumite
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    Nelcio wrote: »
    Hi,

    We have just received the mortgage deed from our solicitors together with an occupier's consent and postponement deed for our daughter who is a 21 years old student away from home. Does she need to sign the form?

    Many thanks.
    Will she be resident in the property on completion day?

    When you completed the application, did you say she would be?
    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.
  • Nelcio
    Nelcio Posts: 4 Newbie
    Hi Kingstreet,

    Yes, she was on the application but not sure if she will be with us on completion day.

    Many thanks,
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    Nelcio wrote: »
    Yes, she was on the application but not sure if she will be with us on completion day.

    If it's still her permanent residence then I don't see why she shouldn't have to consent. Is it a problem?
  • Nelcio
    Nelcio Posts: 4 Newbie
    There is no problem. We just wanted to know what is the consent form for as our daughter won't be a mortgage payer and also if she needs to sign it.

    Many thanks,
  • kingstreet
    kingstreet Posts: 38,763 Forumite
    First Anniversary Name Dropper Photogenic First Post
    It's because she isn't party to the ownership nor mortgage which is why she needs to sign it.

    When an adult not party to the mortgage lives in a property as a mortgage changes, the lender asks them to confirm they will agree to be bound by the terms of the mortgage deed (as you are) and will leave if the property is repossessed.

    Otherwise a situation can arise where an implied tenancy is created and a lender will not accept the possibility of this happening.

    So yes, she does have to 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.
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