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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My sister in law and brother in law are in private rented

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Hi, my sister in law and brother in law are in private rented accommodation, a three bedroomed semi detached house, this is a long term let. Today, they received, without prior notification, a letter from the owner/landlord's solicitor asking them to sign ad return an Occupier's Consent and Postponement Deed as the owner/landlord is re-mortgaging the property. They are concerned about the ramifications of signing such a document, could they lose their home at short notice etc, they are unsure whether to sign. Could you advise please?
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask roughly when they moved in and roughly when their minimum term comes to an end please?
Customer: replied 2 years ago.

Hi, they moved in 18th October 2014 and the initial letting term is one year, to be reviewed annually thereafter.

thank you. The effect of the occupiers waiver is to place the occupiers rights behind that of the mortgage lender. It does nothing more nothing less. In plain English what this means is that if the mortgage lender repossesses under the mortgage, that the tenants will have no right to sustain their tenancy in face of the repossession.Obviously, your sister and brother-in-law have no obligation to sign the occupiers waiver. If they are minded to do so, in order to safeguard themselves, they may wish to ask the solicitor to confirm that the mortgage is a buy to let mortgage ( it is not legal for a landlord to obtain a residential mortgage for a buy to let property) and also to confirm that the lender is aware of the tenancy and that the lender will not evict them using repossession. if the mortgage is a buy to let mortgage, no occupiers consent should strictly be required because the occupation is already governed by the tenancy agreement and the lender should be aware of the tenancy agreement. Occupiers consent is are normally required for residential mortgages when there is an adult occupier of the property who is not a party to the mortgage. I therefore am wondering whether the landlord is attempting to obtain a non-buy to let mortgage on the property or whether the solicitor has sent out the form in error.Having said all of the above, if the landlord is only remortgaging now, and their term ends in October of this year, realistically, there is little possibility that a repossession could occur earlier than the end of the tenancy. It is possible if the lender sought to repossess immediately but realistically this is not going to happen because the lender will usually provide several months of opportunities to bring up to date arrears before it will start considering repossession and then repossession itself takes several months to complete in practice subject to tenants right for a stay of possession and so on.however, in general terms further information is likely to clarify the position and they may wish to ask for the above further information from the solicitor in order that they can consider the matter furtherI hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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