Baynton-Williams v Baynton-Williams [2020] EWHC 625 (Ch) (23 March 2020)

Baynton-Williams v Baynton-Williams [2020] EWHC 625 (Ch) (23 March 2020)

The defendant must account for the value of his occupation of the property, assessed at substantially discounted rates reflecting its poor and unlettable condition, split into two periods based on boiler functionality, totalling £53,878, with defendant liable for one half (£26,939). Interest awarded from 28 days...

Source-derived case information.

Citation
[2020] EWHC 625 (Ch)
Parties
Claimant: Miles Baynton-Williams; Defendant: Ashley Mark Baynton-Williams
Jurisdiction
England and Wales
Judgment Date
23 March 2020
Procedural Posture
Civil Probate/property Trusts / Final Judgment on Quantum of Occupation Rent
Outcome
Defendant ordered to pay £26,939 plus interest at 1% from 28 days after claim issue.
Legal Topics
Occupation Rent, Intestacy, Estate Administration, Equitable Interest
Probate Property Law Trusts Occupation Rent Intestacy Estate Administration Equitable Interest

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Parties

Miles Baynton-Williams

Claimant

Ashley Mark Baynton-Williams

Defendant

Procedural Posture

Civil Probate/property Trusts / Final Judgment on Quantum of Occupation Rent

Legal Issues

  1. 1 Amount payable for rent-free occupation of estate property
  2. 2 Assessment of value of occupation given poor property condition
  3. 3 Entitlement to interest on sums due

Ratio Decidendi

The defendant must account for the value of his occupation of the property, assessed at substantially discounted rates reflecting its poor and unlettable condition, split into two periods based on boiler functionality, totalling £53,878, with defendant liable for one half (£26,939). Interest awarded from 28 days after claim issue at 1% reflecting estate investment return.

Court Disposition

Defendant ordered to pay £26,939 plus interest at 1% from 28 days after claim issue.

Orders

  • Defendant to pay £26,939 for occupation rent.
  • Interest at 1% from 28 days after claim issue.