Where co-ownership of property arose from a domestic relationship that has broken down, the departed co-owner is entitled to a notional occupation fee set off against the remaining co-owner's claim for contribution to mortgage payments, without needing to establish a forceful ouster. The fee is limited to periods of actual physical occupation unless the departed co-owner affirmatively demonstrates it was unreasonable to return during periods of vacancy. The question of whether an occupation fee can be charged in respect of a vacant property was left open.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
4 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.