FAQ

When might your client need Independent Legal Advice?

Personal Guarantees (Directors of a Limited Company) – required by lenders

When you promise to repay a company debt from your own pocket if the company can’t.

  • Business example: A director of a café signs a bank loan for new kitchen equipment. If the café folds, the bank can go after the director’s personal savings.
  • Property example: A limited company buys a buy to let flat with a mortgage. The lender insists the director personally guarantees the mortgage; if rents dry up, the director’s family home is on the line.

Deeds of Subordination – required by lenders.

You agree another lender gets paid first if the borrower defaults.

  • Business example: You lend £70 k to a friend’s start up; the bank demands a subordination deed so it will be repaid ahead of you if the company fails.
  • Property example: You lend your child £50 k for a house deposit; their mortgage lender makes you sign a subordination deed, so the lender takes priority if the property is sold at a loss.

Joint Borrower – Sole Proprietor – required by lenders.

You’re on the mortgage but not on the legal title.

  • Business example: Two siblings buy a shop; one can’t be on the deeds for tax reasons but joins the loan so the bank will lend enough. That sibling is still liable for every repayment.
  • Property example: A parent adds their income to a child’s residential mortgage application but stays off the deeds; the parent remains fully liable even without ownership rights.

Occupier’s Consent / Waivers – required by lenders.

Someone living in the property gives up the right to stop a repossession.

  • Business example: An employee is given a tied cottage owned by the company; the company’s lender asks the employee to sign a waiver so repossession can proceed if the business collapses.
  • Property example: Your partner buys a flat in their sole name; you move in. The mortgage lender needs you to sign an occupier’s consent confirming you’ll vacate if they repossess.

Third Party Legal Charges

You charge your own property as security for someone else’s debt.

  • Business example: A parent director secures a company overdraft against their personal home; if the firm can’t repay, their house could be sold.
  • Property example: You pledge your home as extra security so your daughter can borrow more on her house purchase; if she defaults, your property is at risk of repossession.

Gifted Deposit Letters / Deeds – required by lenders.

You give money as an unconditional gift, not a loan.

  • Business example: A director gifts company profits (taken as dividends) to a sibling for their first office purchase; the lender needs written proof it’s a gift.
  • Property example: Parents gift £30 k to a child for a residential deposit; the bank requires a deed confirming no repayment or future stake is expected.

Transfer of Equity (Advice Only)

Someone is added to or removed from a property’s legal title.

  • Business example: Two partners split; one partner’s share of a shop is transferred out, but they stay on the business mortgage. Independent advice confirms they understand ongoing liability.
  • Property example: During a remortgage, spouses add one partner to the family home’s deeds. The incoming partner receives ILA to be sure of their new responsibilities.

Corporate Guarantees and Debentures

A company guarantees a debt or gives a lender rights over all its assets.

  • Business example: A manufacturing firm signs a debenture covering stock, machinery and accounts to secure a working capital loan; default lets the lender seize those assets.
  • Property example: A property investment company grants a debenture over its entire portfolio—including a newly purchased block of flats—as extra security for a large mortgage facility.
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