Q&As

Under the terms of a Will trust, B has the right to occupy a property and B is responsible for repairing and maintaining it. B is causing willful damage to the property, which is making it unsafe. What remedies are there against B in this situation? Eg can the right to occupy be terminated?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 07/11/2018

The following Private Client Q&A produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • Under the terms of a Will trust, B has the right to occupy a property and B is responsible for repairing and maintaining it. B is causing willful damage to the property, which is making it unsafe. What remedies are there against B in this situation? Eg can the right to occupy be terminated?

Under the terms of a Will trust, B has the right to occupy a property and B is responsible for repairing and maintaining it. B is causing willful damage to the property, which is making it unsafe. What remedies are there against B in this situation? Eg can the right to occupy be terminated?

B has the right to occupy the land under a Will trust and is responsible for its repair and maintenance. Not only is B not performing those obligations but they are also causing wilful damage to the property, which is making it unsafe. The question is whether any action can be taken in relation to this.

As the person in occupation, the beneficiary under the Will trust is causing damage to the land wilfully, this is voluntary waste (see Practice Note: Landlord and tenant implied repairing obligations and the doctrine of waste) and gives the trustees the right to seek compensation damages and/or an injunction to restrain any further acts which cause damage to the land or a mandatory injunction to put the land back into the state it

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