header-logo header-logo

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

The cost of occupation

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 Stack v Dowden.

The court has wide-ranging powers when

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll