When someone aged 17 or over lives in a property but is not named on the mortgage, lenders often require them to sign an Occupier Waiver, also known as a Consent to Mortgage. This document confirms that the occupier understands they have no legal rights over the property if the lender repossesses it.
Why Is an Occupier Waiver Needed?
Lenders want to avoid situations where an occupier claims a right to stay in the property during repossession. The waiver ensures the lender can take possession without legal complications.
Who Needs to Sign One?
Adult children
Partners not on the mortgage
Family members living in the home
Long‑term occupants
Why ILA Is Required
The occupier must receive Independent Legal Advice to confirm they understand:
They are giving up potential rights
They cannot prevent repossession
They are signing voluntarily
Final Thoughts
An Occupier Waiver protects the lender, but ILA protects the occupier. It ensures the document is signed knowingly and freely.
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