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Occupation rent: a fair share

Occupation rent: a fair share

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2022) Occupation rent: a fair share. Family Law Journal, 215. pp. 13-19. ISSN 1472-4944

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The article examines the principles to be applied when a co-owner or their trustee in bankruptcy claims an occupation rent in respect of the family home. It is apparent that the starting point in every case is that a co-owner in occupation is not obliged to pay occupation rent merely because they are living in the property and the other co-owner is not. Something more has to be shown which makes it just and equitable that they should pay the other owner for their use and occupation of the property. There may be all kinds of scenarios in which it is reasonable for a co-owner of property not to exercise their right of occupation, but it does not follow that this automatically provides justification for making the co-owner who is in occupation of that property pay them rent. Ultimately, the question for the court is what fairness requires on the facts of each individual case.

Item Type: Article
Uncontrolled Keywords: joint owners; occupation rent; proof of ouster; trustee in bankruptcy; equitable jurisdiction; just and equitable; fairness; conduct
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Faculty / School / Research Centre / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Related URLs:
Last Modified: 01 Jul 2022 15:35

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