We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
Occupational Rent

PJF61
Posts: 3 Newbie

My ex and I own our flat on a 50/50 basis. He moved out Dec 2015 to go to rehab. I remained on the flat. The flat has been sold with completion due in the coming week. Both parties have continued to contribute to the mortgage on a 50/50 basis. As a part of a Settlement Agreement I agreed to pay a monthly occupational rent from Dec 15 until completion of the sale. I currently pay all utilities and council tax - which is fair as I have been residing there. There are service charges on the flat - these are paid every 6 months. Given that these charges are pursuant to the flat and not to me, per se, am I obliged to pay these on my own during the period of his non-residence or should he be liable for his share of the charges? There’s very little on line that covers this. Many thanks.
0
Comments
-
you are both liable I am afraid, whether one pays it all, doesn't change this fact"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP1 -
I wouldn't be fighting it to be honest. It will cost you more legally than splitting it.0
-
blue_max_3 said:I wouldn't be fighting it to be honest. It will cost you more legally than splitting it.
0 -
The legal position is simply thata) the service charges must be paid andb) you are both equally liable for the chargesThe freeholder/management company (and the law) are not concerned with your personal circumstances, nor with who actually lives there. Indeed you could have tenants living there, your joint liability would be the same.Sopayment is purely a personal arrangement between yourselves. If you cannot agree between you, you could simpy pay ('your') half, but the freeholder could/would still chase you and/or your ex for the outstanding half.0
-
greatcrested said:The legal position is simply thata) the service charges must be paid andb) you are both equally liable for the chargesThe freeholder/management company (and the law) are not concerned with your personal circumstances, nor with who actually lives there. Indeed you could have tenants living there, your joint liability would be the same.Sopayment is purely a personal arrangement between yourselves. If you cannot agree between you, you could simpy pay ('your') half, but the freeholder could/would still chase you and/or your ex for the outstanding half.0
-
Surely the service charges should be paid from the sale proceeds of the flat, THEN the rest gets split. The service charge should be treated no differently to any of the other sale costs. They should all be dealt with out of the total proceeds before divvying up,.
It's just another joint cost of ownership as is conveyancing fees etc.1 -
I agree with the above.., take from completion of sale money as with EA and legal fees. Its one of the fees of the property so should be taken from the 'profit' for selling the property0
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 350.4K Banking & Borrowing
- 252.9K Reduce Debt & Boost Income
- 453.3K Spending & Discounts
- 243.3K Work, Benefits & Business
- 597.9K Mortgages, Homes & Bills
- 176.6K Life & Family
- 256.4K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards