Stack v Dowden (equitable accounting)

Key point

  • On relation to occupation rent, the doctrine of equitable accounting is replaced by the statutory framework of s12-5 TLATA, but both will often have the same results

Baroness Hale

  • TLATA has replaced the old doctrines of equitable accounting in relation to the payment of occupation rent
  • s13(1) TLATA gives the trustee the power to exclude or restrict that entitlement, but under section 13(2) TLATA this power must be exercised reasonably
  • The trustees also have power under section 13(3) TLATA to impose conditions upon the occupier. These include, under section 13(5) TLATA, paying any outgoings or expenses in respect of the land and under section 13(6) TLATA paying compensation to a person whose right to occupy had been excluded or restricted

Lord Neuberger

  • The court’s power to occupation rent, is now governed by s12 to 15 TLATA
  • However, I think that it would be a rare case where the statutory principles would produce a different result from that which would have resulted from the equitable principles

Commentary