Ten years ago I bought an apartment together with my son and we lived there together with him until just over a year ago when he basically forced me to leave. I now live in an old age home and in need of money to enable me to carry on living there. I know that my room stood empty for a few months after I left the apartment but that my son then rented it out for quite a handsome sum. Am I entitled to part of the rent my son receives ?
By: דיאנה שאלתיאל•Published on: 12 May, 2022Where a person is forced to leave his home his right to a fee for its use comes into being from the time of his departure, even if the person forcing him to depart leaves it empty . The actual calculation and levying of the fee is often difficult , and depends on a number of factors. Firstly, whether the apartment is rented or not, the court will be required to determine the appropriate fee . Secondly, the proportion of this fee the person forced to leave the apartment is entitled to must also be determined. This depends on where the particular apartment was registered.
If the property is registered at the Lands Registry, then unless the share of the partners is specified, the assumption in the 1969 Land Act that each partner has an equal share will apply. If the apartment is registered with a building company, the court has more flexibility as the 1971 Moveable Property Act will apply. This allows the court to divide up the property in what it considers as the most fair and efficient manner, given the particular circumstances .