Help to Buy Occupier Consent
22/06/2022
(Last Updated: 08/12/2023)
85
4 min read
Normally, an occupier waiver is signed by a non-owner, non-borrower. It waives their rights to the property they live in, in favour of the mortgage lender, as an assurance that they will not try to legally obstruct the lender from repossessing the house if the borrower defaults on their mortgage.
For example, if your adult child lives at home with you in your house, they would need to waive their right to occupy the property, so that the mortgage lender could remove them from the property in the event of repossession.
When buying your home through the help to buy scheme, you are required to sign an occupier waiver as the owner - this grants right to the Help to Buy association.
Unlike a normal occupier waiver the Help to Buy occupier consent allows you your beneficial interest (ownership), but you must waive the residential rights.
You will still live in the property of course, but this allows the Help to Buy association the right to remove you from the property in the interests of the Help to Buy equity loan.
Example Help to Buy Occupier Consent Contract
By signing this Occupier’s Deed of Consent you (“Occupier”) confirm to and agree with the Lender as follows:
- 1
You are, or are about to be, in actual occupation of the Property;
- 2
You will not have an exclusive right to all or any part of the Property;
- 3
You will not be a tenant of the Property and have never signed or been given a tenancy of the Property orally or in writing;
- 4
You consent to the Borrower creating (and registering) the mortgage in favour of the Lender to secure the loan;
- 5
You consent to any application the Lender may make to HM Land Registry to confirm that you do not have an overriding interest in the Property;
- 6
You accept the amount secured by the mortgage will vary from time to time and will include the loan, interest and other sums payable to the Lender in connection with the loan.
- 7
You agree that any estate, interest or rights you have in the Property or its proceeds of sale (including any charge arising in respect of any matrimonial or civil partnership home rights by virtue of section 31 of the Family Law Act (1996) (as amended)) now or at a later date are postponed to and take effect after, the rights, interests and remedies of the Lender under the mortgage;
- 8
You charge all (if any) of your estate, interest and rights in the Property or the proceeds of sale of the Property to the Lender as continuing security for the payment of all money and liabilities secured by the mortgage;
- 9
You are not to assert or rely on any such estate, interest or rights in a manner which may obstruct, delay or hinder the orderly realisation of the Lender’s security over the Property;
- 10
You are not to claim any right of any sort in respect of the Property against the Lender;
- 11
You understand the Lender may enforce the mortgage by seeking a court order for possession of the Property, by selling the Property and/or by appointing a receiver to manage the Property;
- 12
You agree that if the Lender or any receiver obtains a court order for possession of the Property, you will immediately vacate the Property and give up possession of the Property to the Lender;
- 13
You agree that the Lender’s rights under this Occupier’s Deed of Consent will not be affected by the Lender giving the Borrower or any other person extra time to pay what is owed under the mortgage or any other indulgence;
- 14
You agree the Lender may at any time transfer, charge, assign or otherwise dispose of the mortgage; and
- 15
You have been strongly advised to seek independent legal advice before signing this Occupier’s Deed of Consent.
- 16
You have completed and returned the attached Schedule 1 to us having completed either Section A or Section B.
This Occupier’s Deed of Consent is governed by the law of England and Wales.
Independent legal advice on your Help to Buy occupier consent
You are required to receive legal advice from an independent solicitor to ensure that you understand the implications of signing your Help to Buy occupier consent.
Our solicitors give straight forward legal advice by video call from the comfort of your own home and you'll receive a digital advice certificate on the same day as your meeting
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Written by:
Caragh Bailey
Caragh is an excellent writer in her own right as well as an accomplished copy editor for both fiction and non-fiction books, news articles and editorials. She has written extensively for SAM for a variety of conveyancing, survey and mortgage related articles.
Reviewed by:
Andrew Boast
Andrew started his career in 2000 working within conveyancing solicitor firms and grew hands-on knowledge of a wide variety of conveyancing challenges and solutions. After helping in excess of 50,000 clients in his career, he uses all this experience within his article writing for SAM, mainstream media and his self published book How to Buy a House Without Killing Anyone.
