Fair Financial Solutions for Jointly Owned Property

Occupation Rent Solicitors

If you have moved out of a jointly owned property after a separation, you may be entitled to claim rent from the partner who remains. Our expert family law solicitors provide clear, strategic advice on claiming or defending against a claim for Occupation Rent.

    
   225 reviews  
 
  
         
   Wildings Solicitors
   4.6225 Google reviews 
 
 
 
        Posted on Google  
   
   Nafisa Hussein 
 
 
 
 Trustindex verifies that the original source of the review is Google.  I recently had the pleasure of working with Mr Mahmood from Wildings Solicitors for the purchase of my home, and I cannot recommend their services highly enough. He was incredibly knowledgeable, pleasant, and helpful throughout the entire process. They ensured everything went smoothly and kept me informed every step of the way. Their dedication and professionalism made a significant difference, and I am extremely grateful for their hard work.
  
 
 
      Posted on Google  
   
   Kate 
 
 
 
 Trustindex verifies that the original source of the review is Google.  Farzana, the receptionist, was exceptionally efficient and friendly. Soyod, our solicitor, dealt with what needed to be done in a timely fashion and made sure we had copies of what had been completed. I was very pleased with the service and will use this branch again for future needs.
  
 
 
      Posted on Google  
   
   Nazreen Akhtar 
 
 
 
 Trustindex verifies that the original source of the review is Google.  wilding were handling the paperwork during the sale of my property. my case was seen by tafsir fahim Khan. I had excellent communication from him with very thorough accurate information provided for realistic deadlines to complete the deal. I would happily seek their services if needed again. I would highly recommend them too.
  
 
 
      Posted on Google  
   
   Azmina Shaikh 
 
 
 
 Trustindex verifies that the original source of the review is Google.  I would highly recommend Wildings Solicitors. Our move wasn’t easy but Daniyaal mehmood worked hard to get our move done.seller solicitors so much mess around but Daniel show so much patients to them .Communication was excellent, he always answered my calls and email.we are first time buyer a lot questions in mind always answers calmly.I can not thank them enough. I lady who work in reception so nice ,So professional.In Sha Allah definitely will come again to wilding solicitor in future.
  
 
 
      Posted on Google  
   
   Griseld Qosja 
 
 
 
 Trustindex verifies that the original source of the review is Google.  Very happy with the service. Mr Tafsir Khan has been very helpful and professional during all the process of moving house .
  
 
 
      Posted on Google  
   
   yahya Abdirahman 
 
 
 
 Trustindex verifies that the original source of the review is Google.  The Best Professional Service ever from Wilding Solicitors ( Daniyaal). I recommend to you all to contact them if you need legal issues.
  
 
 
      Posted on Google  
   
   Mustansar Sarfraz 
 
 
 
 Trustindex verifies that the original source of the review is Google.  I cannot say enough good things about Wildings Solicitors. They were incredibly professional, knowledgeable, and efficient throughout the entire process. They made a stressful situation so much easier to navigate and I am extremely grateful for their expertise. I would highly recommend their services to anyone in need of legal assistance. Thank you, Wildings Solicitors, for your outstanding work!
  
 
 
      Posted on Google  
   
   Sami A 
 
 
 
 Trustindex verifies that the original source of the review is Google.  We purchased a house a few months ago using this company we was allocated a very professional  thorough gentleman called Daniyaal  Mahmood. Amazing service quick fast and easy knew exactly what he was doing it’s stressful as it is buying a house but our experience was calm and dealt with in a professional manner was available all the time over the phone and email quick response as forst time buyers you do have 101 questions! Very happy will 100% recommend and will definitely be using the services again! Thank you daniyaal for everything highly appreciated! :)
  
 
 
      Posted on Google  
   
   Jo-Ann Clover 
 
 
 
 Trustindex verifies that the original source of the review is Google.  I can not express how wonderful this company is as so efficient , helpful and friendly. Thank you
  
 
 
      Posted on Google  
   
   Avenues Post office 
 
 
 
 Trustindex verifies that the original source of the review is Google.  They are very professional solicitors especially neelam afzal.she helped me with my case from start to end.she updated me at every stage of the case.i highly recommended to everyone.

What is Occupation Rent and When Does it Apply?

Occupation Rent is a legal concept where a co-owner who is not living in a property can claim a 'notional' rent from the co-owner who remains there. It is a tool used by the courts to achieve fairness, particularly when a separation has forced one party to pay for alternative accommodation while their capital is still tied up in the family home.

Grounds for Claiming Occupation Rent

As the party who has moved out, you may be able to claim if:

You were effectively forced to leave (ousted) due to the other's unreasonable behaviour.
It is unfair for your ex-partner to have the sole benefit of a jointly-owned asset.
You are bearing the cost of your own rent while the other party lives in the home.

Assess Your Claim

Defending Against a Claim

As the party remaining in the home, you may have a strong defence if:

The other party left voluntarily and you did not exclude them.
You are living in the home to care for the children of the relationship.
You are paying the full mortgage and all the property's outgoings yourself.
Your ex-partner is not paying their share of the costs.

Defend Your Position

A Wildlings family solicitor providing pragmatic advice on an occupation rent dispute

A Pragmatic & Financially Astute Approach

Disputes over occupation rent are part of the wider financial settlement. Our approach is to be pragmatic and commercially minded, focusing on achieving a fair overall outcome for you. We provide clear, robust advice on your position to ensure you are not left at a financial disadvantage.

Clear & Honest Assessment: We provide a frank assessment of the merits of your claim or defence.
Skilled Negotiation: We are experts at negotiating these claims as part of a comprehensive financial settlement.
Robust Court Representation: If an agreement cannot be reached, we will robustly argue your case in court.

Get a Confidential Consultation

"The Advice I Was Given Was Clear and Helpful"

"I was daunted by the financial side of my divorce. The team at Wildlings were brilliant. They explained everything clearly, were very efficient, and secured a financial settlement that was better than I had hoped for. A very professional service."

- Google Review

"Dealt with my case in a very professional but friendly and approachable manner. The service was excellent and communication was very good. I was always kept informed of any developments. I would highly recommend this firm of solicitors."

- ReviewSolicitors Client

"The service was nothing short of excellent, kept up to date every step of the way. When required, everything was explained in a clear and concise way enabling me to make informed decisions. Would definitely recommend."

- Google Review

Questions About Occupation Rent

How is the amount of occupation rent calculated?

The court usually starts by looking at the fair market rent for the property. It will then consider factors such as the mortgage payments, the number of people living in the property, and the respective financial situations of both parties before deciding on a fair figure.

Does occupation rent apply if we were not married?

Yes, absolutely. Occupation rent claims for unmarried couples are dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). The principles are very similar to those in a divorce, and expert legal advice is essential.

What if the person in the house is looking after our children?

This is a key factor. If the parent remaining in the home is the primary carer for the children of the relationship, the court will take this into account. It is often argued that they are fulfilling the primary purpose of the family home, which can be a strong defence against a claim for occupation rent.

Achieve a Fair Outcome for Your Property

Don't be left at a financial disadvantage after your separation. Contact our expert family solicitors for a confidential consultation about your occupation rent rights.

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