March 17, 2011
Bright on Occupation Rents and TLATA
Susan Bright (Oxford) has posted Occupation Rents and TLATA: From Property to Welfare?, Conveyancer, Vol. 73, No. 378, 2011. The abstract:
This article considers what changes have been made in relation to occupation rents following the enactment of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA).
The article analyzes an important UK land law with broader implications. More from the intro:
The two particular questions focussed on are "liability", that is, the circumstances in which a co-owner can be required to pay an occupation rent (or "compensation" as it is called under TLATA) to a non-occupying co-owner, and "quantum", that is how the amount of this rent should be assessed. The issues commonly arise in the residential context, when a property initially bought as a shared home is occupied by only one of the co-owners following relationship breakdown, but can equally occur in a commercial context, for example, as part of the dissolution of a business partnership run from co-owned premises.
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