Occupier's Consent Form on Boyfriend's House

[Tissle]

Just a bit of advice please. Boyfriend is buying a house that at some point in the future I will move into. I currently own my own house which is where I'll continue living for the foreseeable future. The conveyancers are requesting I sign an Occupier's consent form - is this necessary?

I didn’t have to do this , I moved in when he bought it. Not saying that’s correct , just that I didn’t. It’s so if he sold it in future you wouldn’t refuse to move out I think ? But seems odd if you don’t live there yet.

You aren't an occupier so I don't see why you would need to, I am not a lawyer though.
I do deal with Rental contracts and you would not be seen as a "permitted occupier" on those but I appreciate it may be different
The issue is that you would technically be saying that you ARE living there which you may not want to do until you actually do.

He has clearly told his solicitors that you are going to be moving in which is why they have asked that you sign the form for his mortgage provider. They require the signature so that there are no rights to remain in the property if they need to repossess.

Having said you were going to be moving in if he now says to them you won't sign or aren't moving in it is possible that they may refuse to lend him the money and he might need to source a different lender.

He should speak to the solicitors and explain he misunderstood and that you are not moving in.

I would agree, the issue you have now is that having told the Solicitor/Lender you are moving in it is going to look a bit dodgy to say you aren't

If they want to repossess the house, they have to be able to throw you out too, otherwise, you can claim squatters rights and it can take ages to get the property back - at least, that's the history I recall finding out when I looked into it in the past.

It's basically so you understand that if they repossess the house they will kick you out.
If the solicitors are aware of other people who might live there, they need to do this as a condition of the mortgage.

Our mortgage company would have required this for any one over 17 living there.

I doubt it is required if you aren't actually going to live there at the moment. Your partner will be required to tell them whether you will or not during the purchase (its a standard question in the conveyancing forms) and update the mortgage company if you later do move in.

Thanks everyone for input. I think my issue is that they can't prove my intent to move in at this point as I don't know when that will be as my own house isn't even on the market yet.

I don't think it matters very much - you're only agreeing that they can repossess the property if your boyfriend can't pay his mortgage, not committing yourself to anything else at all.

If you don't do it now - when they're doing it for free, I'm pretty sure your BF will have to pay the mortgage lender to change the paperwork if and when you do finally move in.

There's no obligation or financial risk on your part by being on that paperwork so if the relationship goes down the swanny, you won't owe him anything.