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Moving Home with a Child aged 17 or over?

22/08/2018

If you are selling a property and you have a child aged 17 or over, then it will be a requirement of the purchaser’s solicitors that your child sign the Contract to confirm that they will vacate the property on completion. The reason for this is that any person occupying the property over the age of 17 may make a claim of interest in the property, even though they are not the registered owner. By signing the Contract, they will be confirming to the purchaser (and their lender) that they will release any right of occupation or other rights which they may have in connection with the property.

If you are purchasing a property, with the aid of a mortgage, and your child will be moving in with you, it is likely that your new lender will require that they sign an ‘Occupier’s Consent Form’. As mentioned above, in occupying the property with you, your child may become entitled to rights of occupation. Your lender will want to ensure that these rights do not take priority over their mortgage. This form is for the benefit of the lender and by signing it, your child will not only be consenting to the mortgagee, but also confirming to the lender that all rights and interests that they may have in the property, or the sale proceeds, are postposed to take effect after the rights and remedies of the lender. By signing the form of consent, your child is also agreeing to vacate the property in the event that your lender seeks to repossess it if, for example, you were unable to meet the mortgage payments.

Whilst we fully appreciate that receiving a solicitor’s letter may be somewhat daunting for a young adult, but please be reassured that this is simply part of the Conveyancing process and should give no cause for concern.

If you would like to discuss this, or any other aspect of the Conveyancing process, please contact a member of our Residential Property Team.

Harlow: 01279 439439
Epping: 01992 561111
Stortford: 01279 501550
enquiries@whiskers.co.uk


By Caroline Boshier
Whiskers LLP
Head Conveyancer Harlow Branch

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