The following Family Q&A Produced in partnership with Paul Infield of The 36 Group provides comprehensive and up to date legal information covering:
This question is about the issue of what expenditure or work can be offset against a claim for occupation rent.
When cohabitants separate and one remains in a property in which it is agreed or determined that the other has a beneficial interest, there may have to be an account taken of occupation rent. Following Stack v Dowden it is clear that the statutory principles contained in the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) must be applied. In simple terms, these enable the court to order the beneficial owner in occupation to pay compensation to a beneficial owner who is out of occupation. The court must have regard to the following factors when making such an order:
the intentions of the person(s) who created the trust
the purpose for which the property subject to the trust is held
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