Making a TOLATA Claim: Frequently Asked Questions

Your ownership share depends on whether you hold the property as joint tenants or tenants in common with your co-owner. If you’re unsure, we can determine this by checking the title register and reviewing documents from the conveyancers who handled the purchase. Joint tenants typically own the property equally, while tenants in common may hold distinct shares, which may be unequal. Understanding your ownership structure is essential, as it affects your share of any sale proceeds or financial responsibilities.

If you wish to sell a property but your co-owner refuses, you can apply to the court for an order of sale. The court will consider various factors, including each co-owner’s situation, use of the property, and who currently occupies it. If the court grants an order for sale, the property can be sold, and you’ll receive your share of the proceeds. However, each case is unique, and the outcome will depend on the specific circumstances and the court’s evaluation.

If you have been “ousted” or effectively prevented from occupying a property you own, you may be entitled to claim “occupation rent” from the co-owner who remains in residence. Occupation rent is often based on fair market rental rates and adjusted according to each party’s ownership share. The court may award this as compensation to balance out the benefit one party receives from exclusive occupancy.

Yes, the court will assess each party’s financial contributions as part of an “equitable accounting” process. This includes mortgage payments, property maintenance, and other expenses. For example, if one party has been solely paying the mortgage, the court may offset these payments against any occupation rent owed. The financial arrangements of both parties can impact the final decision on ownership shares, so these details are carefully reviewed.

If the court orders the sale of a property and one co-owner refuses to comply, this constitutes a breach of the court order. In such cases, enforcement measures can be taken, which may include forcing the sale or seeking an eviction order if the co-owner still occupies the property. Enforcement of a court order ensures the sale can proceed and each party’s rights are respected.

We understand costs are a significant consideration for our clients. To help you plan, we offer a one-off fixed-fee consultation, where we’ll provide an initial assessment of your case, including the prospects of success, estimated timelines, and likely costs. Once you instruct us to act on your behalf, we’ll update you at each stage with transparent cost estimates. Where possible, we also offer fixed fees for specific phases of the case to provide greater cost predictability.

Success in a TOLATA claim involves thorough case preparation, strong legal representation, and a clear understanding of your legal rights. Working with our experienced legal team maximises your chances of achieving a favourable outcome. Our team’s expertise helps streamline the process and minimise unexpected costs or delays, reducing stress and giving you peace of mind.

There’s no strict time limit for bringing a TOLATA claim, so you can initiate one when you’re ready. However, it’s often beneficial to act sooner rather than later, as unresolved issues can complicate matters over time, and some aspects of property law may affect claims based on historical facts.

No, TOLATA claims cannot be heard in the small claims court. Small claims are typically for financial disputes under £10,000, whereas TOLATA claims often involve determining property rights and non-monetary issues. Instead, TOLATA claims are generally governed by Civil Procedure Rules (CPR), Parts 7 or 8, depending on the specifics of the case.

A Part 36 offer is a type of settlement offer made during legal proceedings. If made according to specific rules, it can have cost implications if the other party refuses it but ultimately loses in court. Part 36 offers can be made at any stage of the proceedings, even before a formal claim is filed, to encourage settlement without compromising the case. These offers can be withdrawn or modified, provided they haven’t been accepted, and may include requests for clarification from the other side.

Section 14 of TOLATA empowers the court to issue orders requiring property trustees to take specific actions, such as selling or refraining from selling a property. It also allows the court to determine the extent of each person’s interest in the property — in other words, what share of any sale proceeds each person should receive. Section 14 is a powerful tool for resolving disputes among co-owners and can provide clarity and closure in situations where consensus cannot be reached.