QUEEN'S BENCH DIVISION
LEEDS DISTRICT REGISTRY
1 Oxford Row
Leeds, LS1 3BG
B e f o r e :
| Mr Abdulaziz Rashid
|- and -
|(1) Mohammed Munir
(2) Mohammed Khalil
(3) Abdul Hafeez Rashid
|- and -
|Naheema Kosar Najib
|- and -
Duncan Heath (instructed by Certus Solicitors LLP) for the Defendants/Respondents
Hearing dates: 22nd May 2018
Crown Copyright ©
Mr Justice Turner :
A PRELIMINARY OBSERVATION
"The only remaining question is as to the position after the wife left. The husband remained in the house, paying all the mortgage instalments, but receiving the rent from the subtenant. It seems to me that, on the realisation of the house or any taking of accounts between them, credit should be given for the fact that he has paid the whole of the instalments on the house, of which half is hers."
"As between tenants in common, they are both equally entitled to occupation and one cannot claim rent from the other. Of course, if there was an ouster, that would be another matter: or if there was a letting to a stranger for rent that would be different, but there can be no claim for rent by one tenant in common against the other whether at law or in equity."
"20-084 Equitable accounting is fact sensitive and depends, to a significant extent, on the common intentions of the parties. To the extent rules have developed, these are (non-binding) guidelines or rules of convenience aimed at achieving justice between the co-owners...
20-088 If one co-owner receives rent or other profits from the land, e.g. by letting rooms, they must generally give credit for a proportion."
THE JUDGE'S FINDINGS
"…I do not believe him on this or indeed any other material matter."
He made the following further observations:
"The first defendant gave evidence which, insofar as it was designed to help the second defendant, was, I am sure, untruthful."
"On any view, the second defendant was egregiously dishonest…" and "in his evidence was…as heroically dishonest as he is in his everyday life."
"The third defendant gave evidence in a facetious manner, including winking at the claimant's counsel at one stage, a manner which revealed to me that he regards telling the truth as simply no more than a lifestyle choice."