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Toby Watkin

Toby Watkin


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Landlord & Tenant

Although majority of Toby’s practice now relates to commercial property, he has wide experience in all areas of all landlord and tenant (including private residential and social housing).  Toby is regularly instructed in relation to:

  • Dilapidations claims:  Toby is currently involved in a number of high value dilapidations claims.  He recently acted for the successful landlord in a dispute relating to the replacement of a heating system within a prestigious West End residential development.
  • Forfeiture:  Toby regularly advises landlords and tenants in relation to the forfeiture of leases.  He recently appeared for the successful landlord in litigation surrounding the forfeiture of a lease within the County Hall development on London’s South Bank, and has written a forthcoming article in relation to the ability of parties to agree relief from forfeiture.
  • 1954 Act lease renewals:  Toby has recently advised the central bank of a European country in relation to the lease renewal of its UK headquarters and a major west-end landowner in relation to the opposition of a lease renewal of a west end store.
  • Insolvency and disclaimer of leases:  Toby regularly advises clients in relation to the effects of tenant insolvency.  He has recently advised a major bank in relation to the disclaimer of the lease of a major industrial site in the west midlands, and as to resulting issues affecting subtenants and guarantors.
  • Service Charges:   Toby has considerable experience of residential service charge disputes.  Although he has previously acted for tenants, most of his work is now for major landlords.   In the last few months he has acted for two different major landlords in relation to high value service charge disputes litigated within the Leasehold Valuation Tribunal.
  • Rent review:  Toby regularly advises in relation to issues surrounding rent review, and is currently involved in a very high value rent review dispute in relation to London commercial premises.

Although most of Toby’s work is now commercial, he has considerable experience in residential landlord and tenant, including in the field of social housing, and still regularly appears for landlords in the LVT in service charge disputes. In Lambeth v. O’Kane [2006] HLR 2 Toby appeared for the successful landlord in the Court of Appeal in a dispute about the informal creation of leases.