Toby Boncey is experienced in all areas of commercial, residential and agricultural landlord and tenant law and real property law. Toby is also interested in other areas of the law where they overlap with property related issues, such as restitution and breach of contract claims.

In addition to frequently advising on all landlord and tenant matters, Toby has recently advised in relation to property-related issues including estoppel, constructive trusts, easements, adverse possession, land registration, public and private rights of way, the Telecommunications Code, shooting and fishing rights, mooring rights, the Pubs Code Regulations, compulsory purchase and the law relating to caravans.

Toby frequently appears in residential, commercial and real property disputes in the County Court and High Court, and deals with all manner of procedural applications. He also has appellate experience and appears regularly in the First-tier Tribunal and the Upper Tribunal. He has also recently been involved in a judicial review of a decision of HM Land Registry.

Toby has recently appeared on behalf of the successful claimants in Burton & Anor v Bowdery & Ors [2017] EWHC (208) (Ch), concerning the true construction of s.35 of the Limitation Act 1980. Toby has obtained vesting orders under s.44 of the Trustee Act 1925 in two recent cases, one concerning a vendor-purchaser constructive trust (in the High Court (Manchester)), and the other concerning a missing landlord in anticipation of a collective enfranchisement claim (in Willesden County Court).

During his pupillage, Toby was involved in various high profile disputes, including: Westbrook Dolphin Square Ltd v Friends Life Ltd [2014] EWHC 2433 (Ch) (as Mark Sefton’s pupil) (whether SPVs under an artificial discretionary trust structure could exercise right of collective enfranchisement); Peel Land and Property (Ports No. 3) Ltd v TS Sheerness Steel Ltd [2014] EWCA Civ 100 (as Greville Healey’s pupil) (whether a commercial tenant was entitled to remove tenants’ fixtures during the term); Loose v Lynn Shellfish Ltd [2014] EWCA Civ 846 (as Philip Sissons’ pupil) (extent of private fishery).