Occupiers Consent
Occupiers Consent, Consent to Mortgage, Deed of Consent, or Occupier’s Waiver
Occupier’s Consent refers to the permission given by the person in control of a property (the “occupier”) for certain actions to take place on that property. It is relevant in various legal contexts, including property law, police powers, and licensing.
Key Areas Where Occupier’s Consent Applies:
- Police and Criminal Evidence Act 1984 (PACE)
- Under Section 18 of PACE, police may search premises occupied or controlled by a suspect without a warrant if the suspect gives consent.
- The consent must be informed, voluntary, and unequivocal—the occupier should understand they can refuse.
- Landlord and Tenant Law
- In lease agreements, tenants might need the landlord’s consent (as the ultimate property owner) before making alterations or subletting.
- A subtenant may need the immediate tenant’s consent if the lease allows for subletting.
- Trespass and Civil Liability
- Under the Occupiers’ Liability Acts 1957 and 1984, an occupier has a duty of care towards visitors and trespassers.
- If an occupier consents to someone’s presence, they owe them a greater duty of care.
- Marriage and Civil Partnerships
- In cases where a person wants to marry or enter a civil partnership in a particular location (e.g., a private venue), the occupier’s consent may be required for legal formalities.
- Firearms Law
- Under Section 21 of the Firearms Act 1968, an occupier may allow another person to shoot on their land without requiring them to hold a firearm certificate, but the occupier’s explicit consent is needed.
- Licensing and Business Operations
- Businesses that operate on leased or rented premises may need the occupier’s consent to apply for certain licenses, such as alcohol or gambling licenses.
A Consent Order is a legally binding agreement approved by a court, typically used in divorce or civil disputes. It sets out agreed terms between parties, such as financial settlements, property division, or child arrangements, and ensures compliance. Once approved, it becomes enforceable like a court judgment.
At Wildings Solicitors, we are well-versed in handling these types of situations. Our experienced department is familiar with the procedures involved and can assist in completing the necessary forms promptly and accurately, even when you may need them at short notice. We ensure that everything is to meet the mortgage company’s requirements and protect both the borrower’s and the occupier’s interests throughout the process.
Book your initial consultation with our Solicitors in Birmingham. Freephone 0330 333 8797, request a callback or email info@wildings-solicitors.co.uk for specialist advice.
