Enforcement of orders made under TOLATA 1996
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Enforcement of orders made under TOLATA 1996

The following Family guidance note Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Enforcement of orders made under TOLATA 1996
  • Order for sale
  • Form of order for sale
  • Methods of enforcement
  • Possession
  • Costs

Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affect normal practice, including requirements for the majority of hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see the Coronavirus (COVID-19) toolkit for access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). This Practice Note sets out the procedure prior to the pandemic and during this period of disruption to the justice system, practitioners should be aware that local practice may vary.

Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) enables the court to make a declaration as to the nature and extent of a person’s interest in a property subject to a trust of land and/or for an order for sale of the property. Any trustee or beneficiary of the property is entitled to bring such a claim. See Practice Note: Eligibility to apply under TOLATA 1996.

Order for sale

TOLATA 1996, s 14 confers a discretion upon the court to make an order relating to the exercise by the trustees of any of their functions as it thinks fit. When determining an application for an order under