What an occupier consent form does
A person who occupies a property can, in some circumstances, build up rights in it: an interest arising from contributing to the purchase or the mortgage, or simply rights of occupation. If the lender ever needed to repossess, an occupier claiming such rights could obstruct possession or claim their interest ranks ahead of the lender's charge.
The consent form deals with this in advance. By signing, the occupier agrees that any rights or interest they have (or later acquire) rank behind the lender's mortgage, and that they will leave the property if the lender enforces its security. Lenders typically require it from every occupier over 17 who is not a party to the mortgage.
Why independent legal advice is required
The occupier is giving up potentially valuable rights and receives nothing in return, and the person asking them to sign is usually a partner or family member: precisely the situation where a signature could later be challenged as not freely or knowingly given. A consent obtained that way might not protect the lender when it matters, so many lenders require the occupier to be advised by an independent solicitor first.
Whether ILA is required, or a simple witnessed signature suffices, is the lender's call and is stated in the mortgage offer or the consent form itself. When it is required, the borrower's own conveyancer cannot give the advice, because they act for the borrower whose interests are not the same as the occupier's.
What the appointment involves, and what it costs
The appointment is short, typically 15 to 30 minutes. The solicitor explains that the occupier is postponing any rights behind the lender's charge, that they could have to leave the property on repossession, and that signing creates no liability for the mortgage debt itself. Once satisfied the occupier understands and signs freely, the solicitor signs the certificate.
Occupier consent ILA is usually the cheapest ILA type, with fixed fees commonly between £100 and £250 depending on turnaround. Most lenders accept video-call appointments, and the certificate is normally signed the same day. Where more than one adult occupier needs advice, each generally needs their own certificate, though a single session can sometimes cover a couple if the lender permits.
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Compare solicitorsFrequently asked questions
Who counts as an occupier for a consent form?
Any adult (lenders typically say anyone aged 17 or over) who will live in the property but is not a party to the mortgage or on the title. Common examples are a partner moving in, adult children, or a parent living with the family.
Does signing an occupier consent form make me liable for the mortgage?
No. The form does not make you a borrower and creates no liability for the debt. What it does is postpone any rights or interest you have in the property behind the lender's mortgage, which means you could have to leave if the lender repossesses. That trade-off is exactly what the ILA appointment explains.
Is independent legal advice always required for occupier consent?
Not always. Some lenders accept a witnessed signature; others require a solicitor's certificate confirming independent advice. The mortgage offer or the consent form states which applies. When advice is required, it must come from a firm other than the one doing the conveyancing.
How much does occupier consent ILA cost?
It is typically the cheapest ILA type: fixed fees commonly run from about £100 to £250, with express same-day or next-day service at the top of that range. Video appointments, accepted by most lenders, keep the cost down.
This guide is general information about how independent legal advice works in England and Wales, not legal advice on your situation. Lender requirements vary; always check your offer conditions. For advice you can rely on, speak to an SRA-regulated solicitor.