Occupational Rent

Occupational Rent

One party was excluded from the property (either physically or constructively)
The remaining party had sole benefit of the home
There was no agreement allowing the sole occupation
The non-occupying party continued to contribute financially (e.g. mortgage payments)
Changing the locks
Creating an unsafe or hostile environment
Denying access to basic amenities
If the home would rent for £1,200 per month and each party owns 50%, the non-occupying party might be able to claim £600 per month.
Adjustments may be made depending on who paid the mortgage, whether children were present, and various other considerations.
List item
Occupational rent is about fairness in the use of jointly owned property
It’s not automatic, the claimant it must ask for it, and if the respondent refuses, then the claimant must raise it during financial proceedings so the judge can decide
Courts consider exclusion, financial contributions, and the presence of children when deciding if occupational rent should be payable
Legal advice is essential to assess whether a claim is likely to succeed

Occupational Rent

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