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Occupants / Occupation / Actual Occupation

  • Occupants of a property include all those residing or entitled to reside there.  They are, or are entitled, or deemed to be in occupation.
  • Students do not lose their Council Tax exemption merely because they are not present, e.g. due to their return to parental homes during vacations.
  • Actual occupation is a precise legal landlaw term to determine whether or not a person was in actual occupation at a relevant time, despite perhaps temporarily reluctantly residing elsewhere such as a hospital or old persons home whilst making occassional return visits to the home with the intention to return ultimately. See:  Link Lending Ltd v Susan Bustard 2010 See s. 70 (1) (g) of the Land Registration. Act 1925 as amended in 2002.
  • See also overriding interests.
Published: 11 November 2013 Last Updated: 17 November 2021