Client successful in TOLATA proceedings
Shilpa MathuradasTable of Contents
The case related to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA”) in respect of joint ownership of two properties.
Background
The client had purchased the properties with her partner at the time. They had been together since early 1980s but had never married. The relationship ended in 2013. During the relationship and cohabitation, the parties had two children who were now both adult and independent. One of the properties was the family home worth £1.6 million (“Property A”). The other property had initially been used as a family holiday home, however, had since been let out as a holiday let and was valued at £725,000 (“Property B”). Parties had equal shares in both properties; Property A was owned by the parties as a joint tenancy and Property B was held as tenants in common.
The client was advised that as parties had equal shares in both properties, there should be orders for sale in respect of both properties. We wrote to the Defendant requesting settlement in the form of an immediate sale of both properties and for the net proceeds of sale to be divided equally between the two of them. The Defendant disagreed on the basis that he demanded there should be a recognition of the time, energy and skill that he had contributed over the years to increase the value of both properties.
Property A
The parties had been living in separate bedrooms for some time and tried to follow house rules to separate out the living space. Post an incident in 2016 where the Defendant assaulted the client and was charged, even this arrangement became unworkable and intolerable. The client had no option but to eventually leave in 2018. The Defendant was in occupation of Property A since that date. The client had to incur the cost of alternative accommodation for over 4 years.
–
The Defendant refused an equal split as he purported to seek an account for some additional expenditure and maintenance which he carried out to Property A over the years. The client’s position was that there was never any agreement that he would be reimbursed the money or for this time. Rather, it was incurred as part of the overall division of labour and payment of the upkeep and improvement work of Property A as a family unit to which they both contributed. Indeed the client continued to pay towards the household costs after she moved out of Property A in September 2018.
Property B
The client viewed this as a joint venture and the Defendant never suggested otherwise until post separation. The net profits from the rental had always been declared in their respective accounts as equal profits. The Defendant, however, regarded Property B as a business which he stated that he ran and had built up thus entitling him to a greater share. The Property paid for itself in all the repairs and improvements to the Property were paid for by the “business” via the rental income
Outcome
At a mediation, a partition of the two properties was eventually agreed. The Defendant retained Property B and agreed to pay a balancing equality payment to the client of £400,000. The client retained ownership of Property B.. It was also agreed that joint bank accounts would be
closed. Tax specialists were consulted in relation to the CGT and SDLT liability before an agreement at mediation was reached.
If you believe you are in a similar situation and have a dispute in relation to your interest in a property and would like advice on how you can protect your interests, please contact our Property Litigation department or call the team on 02074858811. Alternatively, you can fill in the contact form below.
Share this article
Contact
Contact Shilpa today
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
“Shilpa is knowledgeable and helpful. She is not afraid to challenge the boundaries for her clients, with excellent results.”
“Shilpa combines the fierce representation of her clients’ best interests with the reasonable and constructive attitude that the Court always looks for in modern litigation. She has invaluable tactical awareness and skilfully handles complex and unusual cases and difficult opponents. As a barrister it is a pleasure to be instructed by her because you so often find that she has already taken the steps that you would have recommended had you been the client’s first point of contact. Her preparation of cases for trial is extremely thorough and helps ensure a positive result before you have set foot in Court.”
“Thank you so much for your help. You were efficient, clear and advised me well in addition to being very pleasant to work with.”
“I would like to sincerely thank you for all the hard work in assisting me to resolve my rather unusual and complicated case. Last 2 years were very stressful and intensive and often only your professional approach and personal realistic but positive attitude helped me not to give up. The uncertainty weight of more than 10 years is off my shoulders thanks to you and your colleagues. Thanks once again for your legal advice, time, and efforts”.
“Mostly I am grateful that Shilpa was understanding about the delays caused by my illnesses, and that she stuck with me and got a good deal for my tenancy. I did feel she fought to protect me and my rights. I appreciate that she kept me informed about progress, sending copies of emails with the other side and consulting me when necessary. I appreciated her eye for detail on legal matters and how she stood firm against a somewhat tricky opposing solicitor.”
“Shilpa was very thorough in the advice she provided and I was immediately put at ease with her involvement. She works hard to achieve the agreed objective and I very much appreciate her help in my matter.”
“Shilpa was very diligent in her attention to detail and her pursuit of all necessary documentation; she showed great determination in the face of many requests by the other party’s solicitor to let certain things slide. She was thorough and professional which gave us a great sense of security.”
Shilpa really helped us take charge of the situation and helped resolve this property dispute. I would not hesitate to recommend her or the team to anyone in a similar situation.
On first meeting Shilpa I was sure that she understood immediately my requirements, and was sympathetic both to my financial restraints and my emotional state. She achieved everything I asked of her and proved to be invaluable, professional and efficient
At every step Shilpa alleviated any concerns and stresses we had. Always fast to respond, always professional and super knowledgeable.
Shilpa has helped us through some key property litigation matters (residential and commercial) since 2014 and has delivered on every occasion. One particular issue had kept us in a state of stress and tension for almost a decade and after getting in touch with Shilpa she was able to help us bring the matter to a peaceful and successful conclusion.
I received a call from Shilpa Mathuradas a couple of hours after filling the enquiry form for a callback. She actively listened to my party wall concerns responding with gentle professionalism, answering my concerns, letting me know what is and is not possible and when best to bring in a solicitor. All this within 10 minutes. Excellent.
If I had another reason to have to seek legal advice again, I wouldn’t hesitate to use Shilpa, and would recommend her to anybody who needed legal advice.
Shilpa was professional, realistic, and unflappable. Shilpa managed to persuade a reluctant witness to come forward to support my case. She obviously knows her subject very well.
I always had full confidence in Shilpa keeping my best interests at heart. I often didn’t understand the legal language, and she would follow this up with a phone call and patiently explain.
Property Litigation InsightsVIEW ALL
- 16.10.2024
Managing Litigants: Court Powers and Defendant Options
How can the court control a litigant? Most people wish to live out their lives without the need to face...
Read more - 15.10.2024
How do you determine a boundary?
Whether the boundary dispute relates to a rear garden boundary or whether it relates to a driveway, the issue of...
Read more - 14.10.2024
Can You Challenge a Restrictive Covenant?
Challenging a restrictive covenant! Is it obsolete? It is well known that section 84(1) of the Law of Property Act 1925 allows...
Read more - 22.3.2024
The Renters Reform Bill
A Review of the Renters Reform Bill The 2019 Conservative Manifesto made a commitment to end “no fault evictions”. This has...
Read more - 23.1.2024
Freehold Service Charge Disputes
Service Charges & the Leasehold and Freehold Reform Bill The Leasehold and Freehold Reform Bill was introduced to Parliament on 27...
Read more - 23.1.2024
Know your Rights (of Way)
If you have a question or concern over a right of way on your property, it is important to seek...
Read more - 23.1.2024
Party Wall Etc Act 1996 v Common Law
The case of Power & Kyson & Shah [2023] EWICA Civ 239 The case of Power & Kyson & Shah [2023] EWICA Civ 239...
Read more - 27.10.2023
The Building Safety Act 2022
Introduction to the Building Safety Act 2022 This much awaited Building Safety Act 2022 was introduced into Parliament on 5th May 2021 as...
Read more - 22.8.2023
Reasonableness of Service Charges
Reasonableness of Service charges under the Landlord and Tenant Act 1985 It is well known that the relevant costs that a...
Read more - 11.5.2023
Overlooking Nuisance Claims
Overlooking Nuisance Claims – net curtains not necessarily! I refer to the article https://osborneslaw.com/blog/overlooking-nuisance-claims-buy-some-net-curtains/ which concerned the...
Read more - 5.2.2023
Japanese Knotweed: Knot in my backyard again!
Huge legal bill after selling home with Japanese knotweed Many will have read the recent case in which a furniture...
Read more - 9.6.2022
TOLATA Claims
What are trusts of land? Property ownership is not always a straightforward legal issue, particularly where the parties are cohabitees...
Read more - 8.6.2022
Right to Light Explained
What is the Right to Light? The right to light is a type of ‘easement’ – a legal right giving property...
Read more - 8.6.2022
The Dangers of Rent-to-Rent
What is Rent-to-Rent? Rent-to-Rent refers to the practice of landlords letting a whole property to a tenant (usually a limited...
Read more - 9.11.2021
Can I Still Claim Adverse Possession?
What is Adverse Possession aka Squatters’ Rights? The principle of “adverse possession” commonly known as “squatters rights” is a principle...
Read more - 5.10.2021
Buying a Property with a Party Wall Agreement
Introduction to buying a house with a party wall agreement Buying a property can already be a stressful process but...
Read more - 10.8.2021
Beneficial Interest in Property
Andrew Watson, a London-based divorce lawyer in our family department and Resolution accredited cohabitation lawyer, summarises the law in relation...
Read more - 26.6.2021
The Risks Of Buying Properties Off Plan!
Buying Property Off Plan The Daily Mail reported that 300 families a week have to move into shoddy newly built homes....
Read more - 8.5.2020
Easements Explained
What is an Easement? An easement is the right to use someone else’s land or property that you do...
Read more - 11.10.2019
End to No Fault Evictions
Government plans to end ‘no fault’ evictions Government plans to end so-called ‘no fault’ evictions – and at the same time...
Read more - 18.7.2019
New Builds, Poor Standards!
Allegations of Poor Standards and Customer Care in New Builds This week’s Dispatches programme examined allegations of shoddy standards,...
Read more - 10.4.2019
Tenant Fees Act 2019
Tenant Fees Act 2019 comes into effect On 12 February 2019, the Tenant Fees Bill received Royal Assent and comes into effect on...
Read more - 23.9.2018
HMO Licenses to be Extended
Changes to HMO Licenses In an attempt to raise standards for all relevant Houses in Multiple Occupation (HMOs), changes are...
Read more