Davis v Jackson [2017]

Davis v Jackson [2017] 1 WLR 4005 revolved around whether a trustee in bankruptcy could be granted occupation rent and how such a determination might be influenced by prior agreements between the parties involved.

A wife who had purchased a property solely for herself, intending that her estranged husband would not live with her. The trustee in bankruptcy of the husband claimed entitlement to occupation rent from the wife, asserting that it would be unreasonable for him to exercise his right of occupation.

The High Court, represented by Snowden J, ruled against granting occupation rent to the trustee in bankruptcy. The court emphasised its broad equitable jurisdiction not confined by the Trusts of Land and Appointment of Trustees Act 1996 (TLATA). It highlighted that older principles in the case law on equitable accounting, including French v Barcham [2008], were still applicable.

The court pointed out the default position that an occupying co-owner should not have to pay occupation rent unless there is ouster or exclusion, meaning the non-occupying co-owner is not in occupation involuntarily. The court suggested that, by default, no occupation rent should be payable when a trustee in bankruptcy is not in occupation and the co-owner is.

The court maintained the authority to consider any agreements and understandings to which the non-occupying owner had been a party before bankruptcy. This was a departure from French v Barcham, which the court rejected. The court emphasised that it would lead to an immutable rule granting trustees in bankruptcy occupation rent, disregarding the positions of parties before bankruptcy or any prior agreements between the original co-owners.

In the specific case, the court concluded that since there was no agreement granting the bankrupt the right to occupy or the wife to pay rent, it would be inequitable for the trustee to claim rent for merely having the bankrupt's interest. This decision highlighted the importance of considering prior agreements and the specific circumstances of each case when determining occupation rent.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB, edited by lawyers, and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.