French v Barcham [2008] EWHC 1505

A beneficial tenant in common who continued in occupation of a property following the bankruptcy of the other beneficial tenant in common could be required to compensate the bankrupt’s estate for that continued occupation.

Also, sections 12 to 15 of the 1996 Act did not provide “an exhaustive regime” for compensation for exclusion of a beneficiary from occupation of property held subject to a trust of land.

Where the statutory scheme applied then it should be applied but where it plainly did not there was no reason why the party not in occupation of the land in question should be denied any compensation at all if recourse to the court’s equitable jurisdiction would justly compensate him.

However, as it happened, this case did fall within s.13(6).