“…occupation rent not only where a co-owner has been ousted but also in any case in which it is necessary to do equity between the parties ([16] –[17] – RePavlou [1993] 1 WLR 1046 and Murphy vGooch [2007] EWCA Civ 603); and that the default position is that occupation rent is not payable and, accordingly, there should be some conduct by …”
“…[1993] 1 WLR 1046 in his reference to what he described as “the true position”. The essential point, in my view, is that when on inquiry it would be unreasonable, looking at the…”
“…This approach is consistent with In re Pavlou [1993] 1 WLR 1046 and Chhokar v Chhokar [1984] FLR 313 in which a broader approach was adopted. In the Pavlou case, a husband and wife bought a house and occupied it as their ma…”