“…mon is not entitled to rent as against the other unless there has been an ouster ([12] – [14]) - Jones (AE) v Jones (FW) [1977] 1 WLR 438 and Dennis v McDonald [1982] Fam 63; the issue has arisen in the context of bankruptcy where trustees in bankruptcy have sought rent from the occupier of property jointly owned with the bankrupt …”
“…[1982] Fam 63 made it very clear that at law, the default position when one co-owner is in occupation and the other is not, is that occupation rent is not payable. It theref…”
“… was the same in equity unless there was an ouster or a letting to a stranger for rent. The same approach was taken in the Court of Appeal in Dennis v McDonald [1982] Fam 63.…”