Leasehold Property law. Personally delivered.
Leasehold Property law. Personally delivered.
Independent legal advice is not box-ticking. It follows from a House of Lords decision and the conflict rules — explained by our London solicitors.
Reviewed 25 July 2026
It is not the bank being difficult, and it is not a formality. It protects you first and the lender second.
In Royal Bank of Scotland v Etridge the House of Lords set out what a lender must do where there is a risk that somebody standing surety has not freely and properly understood what they are signing. The lender must communicate with that person directly, ask them to nominate their own solicitor, give that solicitor proper financial information about the facility, and obtain written confirmation that the nature of the documents and their practical implications have been fully explained.
If those steps are not taken the security may be set aside. That is why the request comes from the lender, and why the transaction will not proceed without the confirmation.
The solicitor acting for the borrower, or for the company, cannot properly advise you. Their duty is to their client, and their client wants the money drawn down. Our duty is to you, and it may be to tell you not to sign. A solicitor acting for the borrower should not take on advising a third party where there is a real possibility that the advice would be to refuse.
You are seen alone. The borrower, the other director, the family member who benefits — none of them attends, because advice given in front of the person who wants you to sign is not independent advice and a lender is entitled to say so afterwards.
We take you through each document, explain the extent of the liability and the risks including the possible loss of your home, tell you what the lender can do without asking you, and confirm that the decision is yours alone. Most appointments take half an hour to an hour, often by video where the lender accepts it.
That is the end of it, and there is nothing further to explain to anybody. We do not report your reasons to the lender or the borrower — only that no certificate will be issued. Declining to sign carries no liability, and in practice the borrower usually restructures: a cap, a different guarantor, more security elsewhere, or a smaller facility.
If a lender has asked you to take independent advice, send us the documents and the certificate form and we will confirm a fixed fee and an appointment.
This article reflects our understanding of the position on 25 July 2026 and is general information rather than legal advice. The law in this area is changing: take advice on your own circumstances before relying on it.
Tell us what has happened and what you would like to achieve, and we will tell you plainly where you stand, what it is likely to cost and how long it will take.
