If you or your clients are applying for a mortgage or loan, an occupier’s waiver form may be necessary, which is likely to need Independent Legal Advice (ILA).

This may be required when you are planning to purchase a property, and anyone 17 years old or over and who is not the legal owner will be living in that property. A mortgage lender may ask individuals to sign an occupier’s waiver form to ensure they move out of the property if it is repossessed.

What is an Occupier Waiver Form?

An occupier waiver form is a legal document that an occupier signs to waive their right to object to a bank repossessing a property in the event of a default by the borrower.

An occupier may be interested in the property and claim ownership and a right of occupation. Signing an occupier’s waiver form means that the occupier is up any rights in the property and confirming they will vacate if required by the lender.

The Importance of Independent Legal Advice

It is important to seek independent legal advice before signing any occupier waiver form. ILA ensures you are given the opportunity to fully understand your rights and obligations when signing these forms to enable you to make an informed decision.

How do I get independent Legal Advice?

Our national team of experts can quickly provide the necessary advice and guidance when signing an occupier’s waiver form for a fixed agreed cost.

At Phelan Independent, we make sure those signing the form fully understand their legal rights, obligations and responsibilities.

Our ILA services include:

• Assisting with reviewing, understanding, and negotiating the terms of the occupier waiver form
• Our team of solicitors provide legal guidance, explaining the legal implications of the document in clear, jargon-free terms
• We prepare and sign the documentation required to complete the matter
• We provide you with written advice to refer to in the future should you need to

Contact Us

Don’t take risks with your occupancy rights or financial agreements. If you or your clients require independent legal advice for an occupier’s waiver form, please call us on 07597 589 266 or email enquiries@phelanindependent.co.uk to book a consultation.

Frequently Asked Questions (FAQs)

1. Why is independent legal advice necessary for occupier waiver forms?
   Independent legal advice is essential to understand the terms and conditions of occupier waiver forms and protect the signatory’s rights and interests. Our expert team can identify potential risks and provide expert guidance on what to do next.
2. How much does independent legal advice for occupier waiver forms cost?
   We offer fixed fees starting from £225 (inclusive of VAT). Discounted rates are given for multiple instructions or to clients of NACFB members.
3. Can you provide independent legal advice on occupier waiver forms remotely?
   Most of our advice is provided over video conference, efficiently enabling deals to move quickly with minimal delays.
4. What do I need to provide?
   We need a copy of the occupier waiver form, mortgage/ loan agreement, and identity documents. This will enable our solicitors to thoroughly review the terms and provide personalised advice based on the particular circumstances of the transaction.
5. How long does providing independent legal advice on occupier waiver forms take?
   We guarantee advice within 48 hours of instruction acceptance and documents being provided (usually the same working day).