header-logo header-logo

The cost of occupation

15 February 2013 / Geraldine Morris
Issue: 7548 / Categories: Features , LexisPSL
printer mail-detail

Geraldine Morris examines the issues of occupation rent & equitable accounting in cohabitant cases

Most family lawyers have been faced with this question from time-to-time: if one party moves out of a jointly owned property, does the occupying party have to pay rent to the non-occupying party? Occupation rent was considered in-depth in Stack v Dowden [2007] 2 FCR 280 and most recently in Akhtar v Hussain [2012] All ER (D) 225 (Nov). The answer is. unfortunately for the family client who would like more clarity, not clear-cut. 

The issue of the potential payment of an occupation rent arises most frequently in cohabitant cases. Prior to the enactment of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) such issues were determined by the equitable principles of “equitable accounting” or “equitable compensation”. In Stack v Dowden Baroness Hale stated that those equitable principles were replaced by TOLATA 1996, ss 12 and 13. However there are references to the principles and pre-TOLATA 1996 case law in subsequent case law and in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll