Baynton-Williams v Baynton-Williams

Baynton-Williams v Baynton-Williams

The defendant is liable to account for occupation rent based on the value to him of the property in its actual, poor condition, not market rental value. The court discounted the occupation rent to reflect the property’s unlettable state and apportioned liability for half the total value. Interest is awarded from 28...

Source-derived case information.

Parties
Claimant: Miles Baynton-Williams; Defendant: Ashley Mark Baynton-Williams
Jurisdiction
England and Wales
Judgment Date
23 March 2020
Procedural Posture
Probate/trusts Dispute / Judgment on Quantum of Occupation Rent
Outcome
Defendant liable to pay occupation rent and interest as determined.
Legal Topics
Occupation Rent, Intestacy, Administration of Estates, Equitable Accounting
Probate Trusts Property Law Occupation Rent Intestacy Administration of Estates Equitable Accounting

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Parties

Miles Baynton-Williams

Claimant

Ashley Mark Baynton-Williams

Defendant

Procedural Posture

Probate/trusts Dispute / Judgment on Quantum of Occupation Rent

Legal Issues

  1. 1 What amount is payable by the defendant for his occupation of the property from 25 April 2009 to 22 June 2015?
  2. 2 Whether the property’s poor condition affects the value of occupation rent owed
  3. 3 Whether interest should be awarded and from what date

Ratio Decidendi

The defendant is liable to account for occupation rent based on the value to him of the property in its actual, poor condition, not market rental value. The court discounted the occupation rent to reflect the property’s unlettable state and apportioned liability for half the total value. Interest is awarded from 28 days after claim issue at 1%.

Court Disposition

Defendant liable to pay occupation rent and interest as determined.

Orders

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