ILA for an Occupiers Waiver

Garner & Hancock are specialist property lawyers with vast experience in advising clients on property transactions. We offer a speedy, professional service to get your transaction finalised with a Certificate of Independent Legal Advice for an occupiers waiver. We can arrange a face-to-face meeting at very short notice.

What is an occupiers waiver?

You are effectively agreeing to postpone the rights of a primary (or senior) lender. It effectively means if the lender tries to sell the property to pay the loan then you will not be able to send in their way. It is to prevent you from raising an issue to prevent the primary lender from exercising its right to realise its security. If the lender tries to evict you then you will not be able to prevent sale.

The occupiers waiver does not actually come into effect unless there has been type of events that occur such as

  • Insolvency, in this case, the primary lender can sell the property to realise its assets
  • Default, again the first lender can realise its assets to pay off the loan
  • Insurance, say if the premises/business burns down the proceeds are first paid to the first lender, you have no rights above the primary lender.

Why do I need Independent Legal advice?

Lenders will require an Independent Legal advice certificates to be signed by a solicitor in the following circumstances:

  • The legal owner is entering an arrangement with the lender and you either have an interest or live at the property.
  • The money is lent to a company and you have an interest in the property which you are waiving in favour of the primary lender.
  • You are parents lending to your child and you are waiving your interest

Such a step is usually time sensitive and could jeopardise the transaction if not completed in a timely fashion. This is often the final piece of the jigsaw in a long and laborious process.  Your own conveyancing solicitor will be unable to offer this service as the mortgage company requires another independent solicitor to advise on the transaction.  This is where we come in.

We are there for when you might need another solicitor standing by to deal with the final part of the transaction. We have a fixed-fee advisory service.

Request for a Legal Consultation

Garner & Hancock realise that the prospect of pursuing a legal matter can be challenging, so we offer an initial phone consultation to discuss your options, and to give you information that will help you make the right choices affecting your case.

What are the steps?

The first step is to send us the pack received by the mortgage company to us by email at

We will then arrange for you to come in and go through the documents and satisfy ourselves that you understand the transaction and that there has been no pressure placed upon you to sign the forms.

When you come in you will need to produce ID and once the advice is given the certificate is sent to Precise or to your nominated solicitors. We shall write to you with confirmation of advice and a copy of the certificate.

We provide efficient service with the minimum of fuss.

How long does it take?

Once you receive the forms we can usually see that day or the next business day.  The mortgage company ILA certificate will be sent out usually the same day.

What is the cost?

Independent Legal Advice certification

This includes a meeting, reviewing the documents seeking any clarification from the conducting solicitors and finally certifying the documents with a letter of comprehensive advice

£250 + VAT

For any additional person, we need to advise

£150 + VAT

Our Guarantee

We believe our business begins and ends with you and your needs, as our client. Therefore, we are committed to providing the best client care and advice which will give you confidence that your matter is handled with the utmost care.

How Can We Help You?

We’re here to assist you. Simply send us your query, and we’ll provide an initial consultation to anyone seeking legal assistance. Don’t hesitate to contact us anytime for help with your legal matters.