Introduction
Toby specialises in all areas of property law, including all aspects of real property and both commercial and residential landlord and tenant law.
Toby is frequently instructed in a range of property-related disputes. Toby has recently been instructed in disputes involving:
-Expert determination and the construction of development agreements;
-Commercial landlord and tenant, including renewals under the Landlord and Tenant Act 1954, the Pubs Code, dilapidations, breaches of covenant, consents for alienation, rent review and forfeiture;
-Residential landlord and tenant, including possession proceedings, enfranchisement, service charges, right to manage, forfeiture and relief, alterations and nuisance;
-Land registration;
-Easements, public rights of way, restrictive covenants and boundary disputes;
-Proprietary estoppel;
-Trusts of land;
-Electronic Communications.
Toby regularly delivers lectures on property-related issues and is a contributing author to The Electronic Communications Code and Property Law: Practice and Procedure.
Specialisms
Telecommunications disputes under the Electronic Communications Code.
Commercial landlord and tenant, including renewals under the Landlord and Tenant Act 1954, the Pubs Code, dilapidations, breaches of covenant, consents for alienation, rent review and forfeiture.
Residential landlord and tenant, including possession proceedings, enfranchisement, service charges, right to manage, forfeiture and relief, alterations and nuisance.
Real property including easements, public rights of way, restrictive covenants, proprietary estoppel and trusts of land.
Land registration, including adverse possession.
Directory Recommendations
Toby is ranked in Real Estate Litigation in Chambers and Partners and is ranked as a rising star in Property Litigation in the Legal 500.
The directories have published the following comments from solicitors:
"Very thorough, excellent with clients, good on his feet in both cross-examination and legal argument."
"Very responsive and on top of the detail."
Chambers and Partners UK Guide 2021 (Real Estate Litigation)
"Toby is very focussed on detail. He really knows the law inside out and you have complete confidence in his advice. He is a gentle and steady advocate, not brash or loud, comes across confidently in the court room. He is very good with clients."
Legal 500 2021
"He leaves no stone left unturned – the attention to detail is phenomenal."
"Provides fantastic results."
Chambers and Partners UK Guide 2020 (Real Estate Litigation)
"Forging a reputation as an intelligent and thorough junior with authority beyond his year of call."
"Incredibly switched-on and has an impressive CV."
"Quick to grasp the facts and good attention to detail. A cool head in the face of last-minute changes"
Chambers UK Guide 2019 (Real Estate Litigation)
Qualifications, Appointments
Property Bar Association Committee 2020-present
Publications
Toby is a contributing author to Falcon Chambers, The Electronic Communications Code and Property Law Practice and Procedure
"Schrödinger’s Notice: Serving the Dead", L. & T. Review 2021
"The Pubs Code in the spotlight - it is High (Court) time!" (Parts 1 & 2) L. & T. Review 2020 (with Jonathan Karas QC and Adam Rosenthal QC)
"A New Line of Attack?". A Masterclass in litigation under the new Electronic Communications Code. (with Stephanie Tozer) New Law Journal 2018
“Lease or licence in the commercial context” L. & T. Review 2018.
"Common intention" constructive trusts arising from informal agreements to dispose of land.(with Francis Ng) Conv. 2017.
"Sign of Protest" - (with Anthony Tanney) Solicitors Journal 2016
“Who let the dog bark? When is an absentee owner and “occupier” in nuisance? 2016 L&TR
“Homeward Bound” 2016 New Law Journal
"Implied terms: from "characteristically inspired discussion" to authoritative guidance" (Case comment) (with James Tipler) L. & T. Review 2016
"Deregulating deposits: further regulation of the protection of tenancy deposits and section 21 notices in the Deregulation Act 2015", L. & T. Review 2015
"The valuation exercise under section 28 of the Housing Act 1988" (Case Comment) L. & T. Review 2015
"Article 8 defences to possession claims" I.H.L. 2014/15 (with Tricia Hemans)
Case Comment: Re St Andrew’s (Cheam) Lawn Tennis Club Trust, Trusts & Trustees 2014 (with Francis Ng).
"A flexible approach to s.25(1) of the Landlord and Tenant (Covenants) Act 1995", L. & T. Review 2014
Toby has also worked as a research assistant for Professor Ben McFarlane, working on the books The Law of Proprietary Estoppel, The Restatement Third: Restitution and Unjust Enrichment and Snell’s Equity.