Q&As

When is an occupation rent payable?

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Published on LexisPSL on 22/11/2013

The following Family Q&A provides comprehensive and up to date legal information covering:

  • When is an occupation rent payable?
  • Potential scenarios
  • Factors to take into account
  • Case law

The potential payment of an occupation rent arises mainly in cohabitant cases. Such issues were determined by the equitable principles but are now largely dealt with by the provisions of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). Whether or not the court will make an order for an occupation rent is very fact-specific: the court has discretion to make such an order but equally may decline to do so (see Stack v Dowden [2007] 1 FLR 1858). Useful examples of where the court has made an order for an occupation rent are found in case law.

Potential scenarios

The circumstances in which an occupation rent may be payable are wide-ranging and include:

  1. where one party has vacated the property, the other party remains in occupation and the sale of the property is to be deferred—an occupation rent may potentially be payable for the duration of the deferment

  2. where one party has vacated the property, the other party remains in occupation and the sale of

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