French v Barcham & Another [2008] EWHC 1505 (Ch).

The High Court has held that a trustee in bankruptcy was entitled to rent from the bankrupt's wife for half of the property's letting value since the date of the husband's bankruptcy.

The court rejected the wife's claim that, following the House of Lord's decision in Stack v Dowden [2007] UKHL 17, the only basis on which a trustee in bankruptcy could claim compensation for the wife's occupation of the property was under the statutory regime in sections 12-15 of the Trusts of Land and Appointment of Trustees Act 1996.

This decision is helpful as it confirms that the case law on occupation rents in Re Pavlou [1993] 1 WLR 1046 and Byford v Butler [2003] EWHC 1267 (Ch) remains good law, despite Stack v Dowden.