Why lenders will not proceed without the certificate
A person who charges their home for another's debt, or quietly drops their claim behind a new mortgage, is the textbook candidate to later say they did not understand, or were pressured by the very person who benefited. The House of Lords set out in Royal Bank of Scotland v Etridge what lenders must do in exactly these situations, and requiring independent legal advice is how they do it: without the certificate, the security is vulnerable, so the transaction does not complete.
The advice must come from a solicitor independent of the borrower and the lender. The borrower's own solicitor cannot advise you, because your interests point in opposite directions.
What you are actually signing
A third-party charge gives the lender the same rights over your property as a mortgage: if the borrower defaults, the lender can repossess and sell your home to recover the debt, even though the money was never yours. The appointment covers the full extent of that exposure: whether your liability is capped at a sum or unlimited, whether the charge secures future borrowing too, and what happens if the borrower's circumstances change.
A deed of postponement is subtler but real: your existing loan or interest is not cancelled, it simply ranks behind the new lender, which means that on a sale or repossession the lender is paid in full before you see anything. If the property's value falls or the debt grows, "behind the lender" can mean nothing at all. The solicitor's job is to make that outcome vivid before you sign, and to confirm nobody is pressuring you.
Cost, method and timing
This is certificate-style work: a document review and a 20 to 40 minute appointment, typically £150 to £300 as a fixed fee at standard turnaround and £350 to £500 for 24-hour express. Most lenders accept advice by video call for third-party charges and postponements, though some require wet-ink signatures witnessed in person, so check the lender's requirements before booking.
These requirements often surface late, a deed of postponement in particular tends to appear as a last-minute completion condition when a remortgage uncovers a family loan on the title, so firms offering same-day or next-day appointments are worth filtering for.
Need an ILA certificate for third-party charge / deed of postponement?
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Compare solicitorsFrequently asked questions
My partner's company loan is being secured on my share of our house. Do I need ILA?
Almost certainly. You are exposing your interest in the home for a debt that is not yours, which is exactly the situation lenders require independent advice for. The solicitor advising you must be independent of your partner's company, its solicitors and the lender.
What is a deed of postponement and why does the lender want one?
It is a deed placing your existing loan or interest in a property behind the new lender's mortgage in the queue for repayment. Lenders require it whenever someone else already has a claim on the property, commonly a family member who lent deposit money. The ILA confirms you understand you may recover nothing if the property is sold for less than the mortgage debt.
How much does third-party charge or postponement ILA cost?
Typically £150 to £300 as a fixed fee at standard turnaround, rising to £350 to £500 for 24-hour express service. It is a single-appointment job, and most lenders accept video-call advice, which keeps costs at the lower end.
Can it be done quickly? The lender only just asked for it.
Yes, this is one of the most common last-minute ILA requests, and the process is fast once the solicitor has the charge or deed and the lender's requirements: a 20 to 40 minute video appointment and a same-day certificate are realistic. Filter by Express (24h) if your completion date is imminent.
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.