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.

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.

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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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