Terms and Conditions
Landlord Advice UK is the trading name of “Landlord Advice UK Limited”(Company No.10191431). Registered office is: 22 Langley Drive, Crawley RH11 7SY. Landlord Advice UK Limited is hereinafter referred to as “Landlord Advice UK”, “us” or “our”. Payment by you for any of the services offered by Landlord Advice UK is deemed acceptance by you that you have read and understood our terms and conditions and that you fully understand and accept them. Alternatively where you instruct Landlord Advice UK prior to payment, receipt of your instruction is deemed acceptance by you that you have read and understood our terms and conditions and that you fully understand and accept them.
Tenant Eviction Cases – Fixed fee Stage I Notice (s) – We will prepare and serve either a section 8 notice and or a section 21 notice on your tenant. We recommend that any outstanding repairs of which you have knowledge are dealt with prior to the service of notice as soon as possible in order to reduce the tenant’s chance of submitting a successful defence and/or counterclaim should the matter progress to stage II of the eviction process. If you are relying on section 8 rent arrears grounds you should ensure that the arrears of rent you are claiming are accurate and fully accounted for. Errors regarding rent arrears can lead to disputes which can lead to a defence being filed by your tenant. It is not nor will it be our responsibility to check any rent schedule provided by you. A defence will invariably lead to any subsequent court possession hearing being adjourned thus leading to delays and further fees being incurred by you for which you will remain liable. We will prepare notices only on the information that you provide us with and there is an assumption that all information which you provide us with is correct. We do not carry out an advisory review of your papers unless you specifically request us to do so and for which an extra fee will be payable and will be charged at our hourly rate for our 3rd party Solicitors to provide written advisory service. We will simply prepare whichever notice you have specifically requested us to do so and it will be prepared strictly on basis of the information which you have provided us with. Landlord Advice UK will not be held liable should the notice be deemed invalid by reason of reliance on inaccurate information provided by you. In the event that your claim becomes defended our fixed fee service will no longer apply.
Service of notices is by first class post and by first class recorded delivery. If you require service by a process server an additional fee will be applicable. We strongly recommend a process server should be employed to affect service of the eviction notices. Our Guaranteed Eviction will not apply if a process server was not employed. Your continuing instructions will amount to your acceptance of these terms & conditions.
Eviction Cases – Fixed fee Stage 2 Court Proceedings – We as your agent will support and assist you in preparation of your possession claim in order to commence the property possession claim in the county court strictly in accordance with your instructions. Therefore if you instruct us to support an action based on a section 8 notice we shall do so as your agent. If you instruct us to support an action based on a section 21 notice we shall do so. The fixed fee stage 2 service does not include advice in relation to which notice you should proceed under. If you instruct us to assist you and support an action under a section 8 notice we shall not make any assumptions with regard to any other notice you may or may not have already served. Likewise if you instruct us in relation to a section 21 notice. If you need advice in relation to which notice is the most appropriate upon your specific case then an extra fee will be payable in advance in respect of that advice. We will assist and support you with the necessary witness statements and we will make a referral for your court advocate. Provided the court agrees that the landlord has grounds for possession the landlord will in most cases be entitled to a 14 day order for possession unless the judge takes the view that the tenant’s circumstances are such that possession should be delayed. Possession, if established on a mandatory ground, cannot be delayed for more than 42 days unless the ground for possession is discretionary. If your claim is successful you will only be able to claim fixed costs, court and legal fees maximum of £196. Regardless of the possession order we are seeking, any contribution awarded by the court is unlikely to match the total you have paid. As no solicitors are on record as acting for you, you will not be able to claim solicitors costs. Our Stage 2 fixed fee is limited to one court attendance. Should the court adjourn the hearing for any reason whatsoever and you require a subsequent attendance a further fee will be required from you. Depending on the location of the court, a travel disbursement maybe added to the fixed fee. Our fixed fee services are not an advisory service. Instructions received from you are taken on the strict understanding that you are satisfied that all paper work that you submit to us with your instruction is checked by you and in order. Landlord Advice UK will not accept responsibility or liability if a process fails on account of defective documentation and or information submitted by you. We recommend that any outstanding repairs of which you have knowledge are dealt with prior to the service of notice as soon as possible in order to reduce the tenant’s chance of submitting a successful defence and/or counterclaim should the matter progress to stage 2 of the eviction process. If you are relying on rent arrears grounds you should ensure that the rent arrears you are claiming are accurate and fully accounted for. Errors regarding rent arrears can lead to disputes which can lead to a defence being filed by your tenant. A defence will lead to a court possession hearing being adjourned thus leading to delays and extra legal fees being incurred by you for which you will remain liable. In the event that a tenant defends the action or the matter is adjourned for whatever reason please see our section ‘Defended claims’.
By instructing us you hereby agree and consent for us to liaise, pass, share, and divulge through us all information, correspondence and evidence in relation to your case with our agency lawyers and any other relevant party. You hereby authorise us to instruct solicitors or advocates to take instructions from us on your behalf in relation to all aspects of your claim. You will not be charged separately by them. Your continuing instructions will amount to your acceptance of these terms & conditions. You must provide a signed copy of our advocates referral letter to us in order for us to arrange court representation for you. Your failure to provide a signed copy of our referral letter within 7 days of the court hearing may result in you not being represented in court. Any loss by you as direct or indirect result of your failure to provide a signed advocates referral letter is one that you will alone be responsible for and landlord Advice UK will not compensate you in anyway.
Fixed fee Accelerated Procedure – As your agent, on your behalf we will support you with all the necessary court papers in order for you to commence your possession claim in the county court strictly in accordance with your instructions. The accelerated procedure is only applicable to section 21 notices and cannot/does not include a claim for any outstanding rent arrears. Generally the accelerated procedure takes between 4 and 6 weeks, however depending on which court has jurisdiction the process can in some cases take longer. The accelerated procedure generally does not require a hearing. The court will ordinarily decide the case in private and without the need for a hearing. If for whatever reason and in the rare event that the court requires the necessity for a hearing Landlord Advice UK will require a further payment to support you in arranging advocacy service. In the alternative the landlord can attend the hearing in person and Landlord Advice UK will have no further involvement with your claim. In the event that the claim becomes defended please see our terms and conditions for defended claims below.
Licensing – If your property is required to be licensed under part 2 or 3 of the Housing Act 2004 you must ensure you have such a licence from your local authority. Such licence must be obtained before the serving of a section 21 notice, the notice is otherwise invalid. Only certain areas and types of property require a licence from the relevant local authority, for example HMO’s (House in Multiple Occupation) let out to 3 or more tenants which are not from one house hold (e.g. a family) and share the same facilities such as bathroom and kitchen will require a licence.
If you are unsure as to whether you require a licence you can contact your Council to determine if a licence is required for the property you let.
We cannot and will not advise you if your particular property is required to be licensed by the relevant local authority. We again remind you it is your obligation to ensure you are fully complaint with your legal obligation as a landlord.
Defended Claims – a last minute surprise defence at the 1st hearing while in court will be covered by our fixed fee service, however in the event that your claim is defended by the tenant or other circumstances arise which are not covered by our fixed fee services, our charges are based upon the time we spend in supporting you in your claim and we will continue to support and assist you to defend your case. Anything that you can do to support us and our instructed solicitors in dealing with your case will minimise your potential charges. Time spent will include meetings with you (and maybe others); time spent travelling, considering, assist preparing and working on papers, correspondence, making and receiving telephone calls. All extra work will be charged out at £98 per hour and in units of 1/10th of an hour. In addition to time spent we may take into account any of the following factors, which could include: the complexity of the issues and the speed at which action must be taken. Your continued instruction will amount to acceptance of our terms and conditions and that you wish for us to continue to act as agents on your behalf. You can however instruct a solicitor of your choice and Landlord Advice UK will no longer be required to support you. Landlord Advice UK will advise you of the probable cost of pursuing the defended case for you. Additional court fees may be required which will be payable by you. Advocates fees for attending hearings and travelling and waiting charges will be added. Whilst every effort is taken by Landlord Advice UK to ensure a successful conclusion to your case, due to the very nature of defended claims Landlord Advice UK can not offer any guarantees as to the outcome of your claim. Instructions received from you are taken on the strict understanding that you are satisfied that all the paper work that you have submitted is correct, checked and in order. We will not accept responsibility or liability if a process fails on account of defective documentation submitted by you. When a matter becomes defended you run the risk that if the defendant wins that you will become liable to pay all or part of their legal costs as well as ours. If your opponent has Community Legal Service Funding you are unlikely to be able to recover any of your costs from them. In any event even if you win the case the legal costs which you have to pay are likely to exceed the amount recoverable from the other party. If the tenancy agreement upon which you are relying on does reserve your right to claim legal costs from your tenant we will only claim fixed costs regardless of your actual expended legal costs. Litigants in person if successful, the court can order the unsuccessful party to pay their costs provided that they can show that they have suffered financial loss in preparing for and attending the hearing. If you are unhappy with a court order for whatever reason you must inform the court immediately within 12 days of the order being made. Landlord Advice UK will not be held liable for your failure to raise such issues after this time.
Before embarking upon litigation (and this includes possession actions based on section 8 and section 21 notices), you must give careful consideration as to whether the other party might have a defence (to all or part of your claim) or a counterclaim. Your potential liability for costs is twofold. Firstly your own legal costs and secondly the other party’s, if they are successful against you, whether in whole or in part. If there are aspects of the case upon which you can co-operate with the other side you should do so to prevent the court applying costs sanctions against you. A full break down of the additional costs will be provided on request. By instructing us you hereby agree and consent for us to instruct if appropriate at our discretion Solicitors and us liaising with them in respect of all matters relating to supporting you with your claim. You hereby agree, consent and authorise these solicitors to liaise, pass, share, and divulge with Landlord Advice UK all information, correspondence and evidence in relation to your claim. You hereby authorise Landlord Advice UK as your agent to instruct solicitors and hereby authorise these solicitors to take instructions from Landlord Advice UK on your behalf in relation to all aspects of your defended action. All further fees incurred by you in relation to your defended action will be payable to Landlord Advice UK. You will not be charged separately by our instructed Solicitors. You understand, accept and agree without reservation any lawyer, solicitor employed or instructed by us will in no way be personally liable for any errors mistakes. You accept and agree that Landlord Advice UK alone will remain liable for errors mistakes and that you waive any right you may have in taking action against our lawyers and or solicitors on your behalf. Your continuing instructions will amount to your acceptance of these terms & conditions.
Payment of fees – We do not accept payments in cash in any form from anyone or organisations. We accept payment by cheque or debit/credit card. Payment made by credit cards will carry an additional charge by us of 0.8%. Debit cards are free. Payment by cash or by other means may be consider as an example of money laundering which would delay us in our actions on your behalf. Payment of fees in relation to Defended actions is strictly on the basis of 3 days from date of our invoice. Your continuing instructions will amount to your acceptance of these terms & conditions. Cheque that have been returned unpaid by clients bank will incur another additional £35 to cover bank charges and or our administration fee. Situations in which clients cheque that has been returned unpaid by clients bank we and anyone we have arranged to represent you will stop doing any further work. Client will remain liable for the work done and or fees which we have paid or carried out.
PCOL ” Possession Claim online” – Where we have been instructed by you to do so we in turn will assist you upload your data online to obtain the earliest hearing date. We will strictly only assist you if we hold signed copy of the appropriate claim form(s). We can only guide and or assist you with a PCOL provided we are in possession of a signed hard copy of a claim bundle. Our assistance and guidance to upload data to PCOL will be conducted by telephone or in very rare cases by email. We cannot and will not give or offer advice on any aspect of the data where we are assisting our client uploading the data lifted from the hard copy of the signed claim provided by the client. From the outset you will have and continue to have conduct of your claim.
“TDS” Tenant Deposit Scheme – It is the responsibility of all clients to ensure they have complied with the TDS. All clients are reminded section 21 notice will be deemed invalid should the client not comply with the TDS before serving a eviction notice. It is not our responsibility but the clients responsibility to ensure they have complied with the requirement of the TDS in full and this includes providing the tenant the TDS prescribed information. We do not nor will we advise clients on any aspect of their compliance or non compliance in respect of the TDS. The TDS is contentious for many landlords for various reasons and we can obtain Counsels opinion for your particular case should we be instructed and upon receiving a fee in advance.
Guaranteed Eviction Offer – Is strictly subject to the landlord complying with their legal obligations as landlords. It shall not be the duty of Landlord Advice UK to explain the obligations of a landlord in law contractual or under any Act of parliament. Guaranteed eviction offer shall not apply if the eviction notices have been drafted and or served by the landlord or if drafted by us but the landlord has not used our process server to affect service. We hereby put all landlords on notice we strongly recommend that a process server should be employed to serve all eviction notices to avoid contention. Guaranteed eviction offer shall not apply if the tenant has raised any issue of alleged or actual disrepair to the property which possession is claimed. Under no circumstances shall guaranteed eviction offer be applicable if the issue of disrepair of any nature be raised by the tenant. If there is a remote chance of the tenant claiming disrepair we strongly advise you do not issue a claim under section 8. Guaranteed eviction shall not apply if the claimant does not attend court in person or is late for a court hearing. Guaranteed eviction shall not apply where the landlord has provided or failed to provide a rent schedule and this is being challenged by the defendant as it is incorrect, is incomplete, is missing or contradicts any other information held by the court, the defendant or us. It is not nor shall it be our duty to check the accuracy of any rent schedule or any contradictions between the rent schedule, the section 8 notice and any other information held by us, the tenant or the court. Where the landlord does not have the locus the right to issue a claim for possession guaranteed eviction offer shall not be applicable. Where the landlord has failed to comply with the “TDS” (tenant deposit scheme [read our website pages latest or Deposit for more information) the guaranteed eviction offer shall not be applicable. For Section 21 possession claims where the rent is not contractually payable monthly or where it is not contractually payable on a set date of each month the guaranteed eviction offer will not be applicable. Where the rent is payable every 4 weeks our guaranteed Eviction offer shall not apply. Where there are alleged further tenancy agreement(s) or the terms of the tenancy is challenged by the court or the defendant the guaranteed eviction offer shall not be applicable. Where the landlord has failed to provide accurate, complete information, documents or instructions at all or in a timely manner the guaranteed eviction offer shall not be applicable. Guaranteed eviction shall not apply where we have put the landlord on notice and informed the landlord before the claim for possession is issued that possession maybe be granted by the judge at the judge’s discretion. All the terms and conditions on this page apply to the guaranteed eviction offer.
Cancellation of instruction – Landlord Advice UK will endeavor to commence your instructions within 48 hours of receipt of your instructions. You have a right to cancel your instruction within 14 days of instructing us. However, if work has already commenced on your case you will remain liable for all costs to date. To cancel your instruction please E-mail or fax to Landlord Advice UK at the contact details found on the ‘contact us’ page of our website or contact details as per our letterhead or invoice. if you cancel your instructions to proceed with your claim by fax or E-mail after 48 hours of your instructions and 14 days before the court hearing you will receive a refund of your court advocate fee of £98 less 20 % administration charge. The court fee will not be refunded. if you cancel your instructions within 5 days of the initial instructions and provided the court has not issued your claim, you must contact the court to cancel your claim and request all papers to be returned to you. Provided the papers and the cheque for the court fee has been returned you will in addition to the advocate fee receive a refund of the court fee.
Retention of documents – Original signed copies of documents created by Landlord Advice UK on behalf of a client remain the sole property of Landlord Advice UK or our solicitors. If a client requests such documents Landlord Advice UK reserves the right to levy a charge of £10 per copy bundle documents.
Our charges including other costs – All work where stated in this website (with the exception of defended cases and our consultancy service) is carried out on a fixed fee basis and includes disbursements. If a statement of service/certificate of service is required separately from one of our fixed fee services an additional charge of £55 will be charged.
Our Complaints Procedure – Landlord Advice UK are committed to providing you with a quality service. We ensure that our procedure is consistently followed by all of our employee’s and we are consistently looking to improve the quality of our service. If however, you have any queries or concerns about our work then it is important for you to raise them immediately in writing by E-mail or fax and in the first instance with the member of staff involved. Do not wait until the completion of a matter to raise a problem which occurred at a much earlier stage. If that does not resolve the problem or you would prefer to speak to someone else then please make this clear. Following receipt of a written complaint, we will endeavor to respond to it in writing within 7 days of receipt. We will attempt to resolve problems and or complaints in-house. It is therefore important that if at any time you feel that quality is not being maintained please raise it the moment you feel that an issue has arisen. If you have a complaint about any aspect of our services or the way in which they are being delivered to you, you must raise it the moment it arises. To continue to instruct Landlord Advice UK after you later rely on a complaint which should have been raised earlier, it will be taken as evidence that a genuine complaint has not arisen. If you raise a complaint at the end of a matter which should have been raised much earlier and you continue to instruct Landlord Advice UK putting them to expense in terms of both time and disbursements after the date the complaint should have been raised you will remain liable for our costs in their entirety. We value your instructions and would not wish you to think that you have reason to be unhappy with our service. Your continuing instructions will amount to your acceptance of these terms & conditions.
Our Status – We are not solicitors, we do not purport to be solicitors, we are not regulated by the law society or the SRA. We are an organisation that assists and supports landlords that may have difficult tenants. At our sole discretion where we deem a private landlord may not be able to pay for a defended claim and has no means of obtaining justice we will fully fund a claim out of our own company funds. Our aim as an organisation is not to make a profit but to provide a service for landlords who may not be able to obtain legal aid or have funds to pay for legal representation. In such cases we will pay for all court and Counsel fees. We will also provide full support free of charge until the matter is dealt with. Our funding is only available to and applicable for private landlords. We are not a charity nor do we draw funds from the government directly or indirectly.
Contractual obligation – All services provided by Landlord Advice UK on this website and requested by an individual or organisations will only form a binding agreement upon confirmation by Landlord Advice UK Such confirmation will take the form of an E-mail, fax, or postal correspondence. That you understand that your continued instructions in any matter which we act on your behalf will amount to your full acceptance of these terms and conditions of business and that you fully understand that you may not be able to recover the full legal costs but nevertheless wish to instruct Landlord Advice UK to proceed in your required service and agree to compensate Landlord Advice UK against any liabilities incurred by them in acting for you.
General – Our company policy is to ensure in the public interest that the proper and efficient administration of justice is achieved. To assist with the administration of justice we will not deceive or knowingly or recklessly mislead the court. Documents, witness statements and any exhibits provided by you must be truthful and accurate.
Please ensure you have read our important check list notes which we have sent you. This reduces common fatal errors made by landlords and in turn improves your chances of a successful outcome
The information conveyed on the Landlord Advice UK website is intended to convey general information only. The contents of the website are not aimed at any person, individual or organisations specifically and nothing contained within it constitutes an offer to contract. Landlord Advice UK reserve the right to cancel, withdraw or change its services at any time. If you terminate your instructions or we stop proving support for you with good reason, you will still have to pay our charges and expenses up to the date that we cease our support service, including costs for removing our solicitors name from the court record if court proceedings are involved and transferring our files to you or another advisor. Landlord Advice UK are not regulated by the law society. They do not call or purport to be solicitors. In a valid complaint or a claim if you are taking action against Landlord Advice UK, you accept and agree you are not entitled, never the less as an alternative you waive any right to take action against Landlord Advice UK staff, senior management or solicitors for Landlord Advice whether they are employed by Landlord Advice UK or instructed by them to act as agents directly, indirectly in part or thereof for you. For avoidance of doubt, you agree you can only bring a complaint or a claim against Landlord Advice UK. Your continuing instructions will amount to your acceptance of these terms & conditions.
Terms and conditions – You accept and agree without reservation anything said orally or in an E-mail by Landlord Advice UK which directly contradicts these terms and conditions that these terms and condition shall apply alone. Payment by you for any of the services offered by Landlord Advice UK is deemed acceptance by you that you have read and understood our terms and conditions and that you fully understand and accept them. Alternatively where you instruct Landlord Advice UK prior to payment, receipt of your instruction is deemed acceptance by you that you have read and understood our terms and conditions and that you fully understand and accept them. Your continuing instructions will amount to your continued acceptance of our terms and conditions.
Disclaimer -Landlord Advice UK alone will be responsible for the provision of the services under these terms & conditions as set out above. You therefore agree that you will not bring any claim in respect of or in connection with any engagement for the services Landlord Advice UK provides whether in contract, tort (including negligence), breach of statutory duty or otherwise against any director, member or employee or consultant of Landlord Advice UK or of any company which is connected with Landlord Advice UK. Any remedies available to you exclude liability for indirect losses flowing from a breach of duty by a member of Landlord Advice UK. The types of losses excluded include (but are not limited to) loss of profits, loss of goodwill and loss of opportunity). In all cases, whether in contract or tort, you have one year from the date of awareness of a loss to bring a claim subject to a long-stop of two years from the cause of action accruing. This exclusion does not apply to any liability which cannot be excluded under the law of England and Wales.
Client Care Letter
The invoice attached to this client care letter (when sent to you) sets out the work that Landlord Advice UK has agreed to do for you and the terms under which we will do it.
This client care letter is legally binding. If you are not happy with any of the contents or any part of this document or our T & C’s then do not pay the invoice.
If you are not happy with anything in this client care letter then email us immediately as we cannot work for you until we have a formal agreement in place.
The attached invoice should cover everything we have agreed to do for you, and everything which you expect us to do. So if something you expect us to do is not mentioned in the invoice then please speak to us urgently as you should assume that we will not be doing it.
Please make sure that everything important to you is mentioned in this letter.
I apologise for sending such a long and detailed letter, but experience shows that it is the best way to avoid any misunderstandings between us. Please take the time to read this letter thoroughly, and ask us if you have any questions.
1. Your Details
The information above in the invoice is what we hold for you. Please tell us immediately if any of it is incorrect or incomplete by email (not by telephone):
Where we are instructed directly by a letting agent who acts for the landlord the letting agent shall ensure and herein agrees that all communication from us to the letting agent shall be passed onto the landlord. The letting agent accepts and confirms all legal documents that we send to the letting must be sign by the landlord and the letting agent has no legal right to sign any legal documents on behalf of the landlord unless the Agent has a power of attorney or a court order to sign on or behalf of the landlord the claimant.
All our invoices for work done will be addressed to the above named client.
Any work done by us will be on behalf of the above named client and no one else, and our only responsibility will be to look after the interests of the above named client and no one else.
Unless instructed otherwise (and in writing) we will only give out information about this case to the above named client.
We will only accept instructions in this matter from the above named client.
To help us keep in touch, please let us know as soon as possible if you change your address, telephone number or e-mail so that we can keep our records up to date.
We would welcome hearing from you about any change to your contact details, even when this matter is finished, as that will ensure we can continue to send you information about us in the future which we hope will continue to be of interest.
2. Scope of Work
Landlord Advice UK Limited trading as Landlord Advice UK has agreed to provide you with the service you have instructed us to assist you with which is:-
The invoice is based upon your instructions to us as discussion on or before the date of the above invoice when we agreed to carry out the work as per our invoice.
Please tell us immediately by email if the attached invoice does not reflect your instructions before paying this invoice.
3. Communication, Suggestions and Complaints
We aim to offer an efficient, quick and effective service to you, and we are confident that we will do so. However, if you are unhappy with any aspect of our service and you cannot resolve it with our staff then you can always raise the matter with the Managing Director Mr S Ahmad on 0845 5333 032 or via email email@example.com.
Landlord Advice UK has a formal complaints handling system which will be used if you are not happy with our service.
You will not be charged for time spent handling any complaints. We aim to resolve such complaints as quickly and professionally as possible.
In order to assist us with the smooth handling of your case, you will need to provide us with full instructions and respond to our requests for information, documents, etc as quickly as reasonably possible.
We are able to communicate with you by e-mail as well as by post, fax, and telephone. Unless you tell us otherwise, we will assume that you are happy for us to communicate by e-mail.
Where we are assisting and guiding you with your possession claim you agree and consent for us to read any statement of truth over the telephone to you. Further herein and or by your oral consent at the relevant time you further agree that you consent and agree for us to upload / transfer any information data you have provided hard copies of to PCOL.
4. Working on Your Case
Once your case is underway we will keep in touch with you, usually by email or telephone as it progresses.
Any important letters or documents that we have been instructed to assist you draft will again be shown to you for approval by email or by post. These will be sent to you immediately after payment has been made for your approval.
For eviction notices these will be drafted as per your instructions given by you to us. These documents will be sent to you for your records by email, email only. We strongly request that you check all the documents and ensure the information is correct. If the information is incorrect due to you providing incorrect and or incomplete information you will incur further cost for us to redraft the eviction notices.
It is and remains your responsibility to provide a full complete and accurate rent schedule. It is not our responsibility or within our remit to calculate compute or advice on how to complete rent schedules.
It is and shall remain your responsibility to ensure you have fully complied with your legal obligation as a landlord or landlord’s agent especially in regards to disrepairs and the tenant deposit legislation.
If you are unsure as to your legal obligations as a landlord or landlords agent we strongly recommend you should consider joining Landlords Association of England & Wales. From this organisation you can obtain legal documents, wealth of landlord resources well as access to advice on tenant problems. www.landlordsassociation.org
We will endeavour to answer/return your telephone calls and emails promptly. However because of work commitments, both in and out of the office during the day, your call may not be returned or email answered immediately. Alternatively it may be dealt with by another member of our staff if that will allow your enquiry to be dealt with as quickly as possible.
Please do not visit us without arranging it first. We cannot and will not see clients without a prepaid, pre-arranged appointment.
We will endeavour to update you with regards to the progress of your case at least once every 14 days. There will be occasions where this may not be appropriate.
We will try to avoid changing our staff that you deal with, but if it is appropriate at any stage for the matter to be referred to another member of staff to handle then we will do so.
As your case progresses, it may be helpful to get some assistance from others outside Landlord Advice UK. For example, we might need to involve experts who can advise on, and help deal with, certain aspects of the case, or it may become appropriate to instruct a court advocate to represent you in court.
We will let you know if it seems appropriate to seek this further assistance and let you have details of who is involved. Usually, any advice from these sources will be given in writing, though a meeting may be arranged if appropriate. You would be responsible for their fees (in addition to our costs), although we will not incur these additional fees without your prior approval.
5. Legal Documents and Case Papers
Until your case is resolved, it is important that you keep safe all and any documents and papers relevant (or even just possibly relevant) to your case. We do not require original documents and you should never send us originals.
It is equally important for the good handling of your case that we get to see all relevant documents and papers as soon as possible. If you have not already done so, kindly let us know what documents, if any, you have as soon as possible.
Please note that security/storage issues may at some point force us to copy all old files electronically, and dispose of the physical versions after copying. This agreement gives us the authority to destroy your legal documents and case papers automatically without discussing the matter with you further.
If it becomes necessary to retrieve papers or other items from storage in relation to continuing or new instructions to act on your behalf, then we would not normally charge for getting them. However in other circumstances we may make a charge, based on the time spent and costs incurred in retrieving your stored documents and case papers and forwarding them to you. We might also charge for reading correspondence and any other work necessary to comply with your instructions on this issue.
Please note that it can take up to 7 working days to retrieve your stored documents and/or case papers.
Please also note that we do not offer a safe custody deposit service. If your documents and/or case papers contain important items then you are advised to take them once your matter is completed.
We do not accept responsibility for loss arising to you from the loss of or damage to documents or other items held by us after the completion of your case.
6. About Us
We are a company specialising in helping Landlords with problems they may have with their tenants. Landlord Advice UK is not a firm of solicitors, we do not purport to be solicitors nor does anyone in our office purport to be a solicitor. We are not regulated by the SRA or the law society. We are a member and an British Landlords Association “The BLA”.
Landlord Advice UK Limited trading as Landlord Advice UK is a private limited company registered in England & Wales, Company No.10191431. Our registered office address is 22 Langley Drive, Crawley RH11 7SY our main place of business is as per our website.
Our main switchboard telephone number is 0845 5333 032 our fax number is 01293 405077. Our office e-mail address is firstname.lastname@example.org and our website address is www.landlordadvice.co.uk
Once you have paid the attached invoice which is directly your agreement to this client care letter and our T & C’s we will begin work, then the reference for your matter will be 1st line of the let property address followed by your surname. Please quote it in all correspondence and phone calls.
The cost of doing the work listed in the attached invoice will be a fixed fee as per the invoice.
We will not incur costs beyond the above figure without your prior approval. We may require you to confirm that approval by email to avoid confusion.
8. Payment of Our Fees
We shall send an invoice to you for the work we do as and when further work is required and you have instructed us to do. We hope you understand that in the event of a payment not being made, we must and do reserve the right to refuse to do any more work for you (either permanently or temporarily). We must also reserve the right to charge for unpaid work already done. Please feel free to discuss this point with us if you want to understand it in more detail.
Our invoice should be paid within 14 days of you receiving it. Interest can be charged on unpaid bills after 14 days. We charge interest at 4% above the base rate of the NatWest Bank (taking into account that it varies from time to time).
Please also note that after ending our contract with you we are entitled to keep all papers and documents until all outstanding bills have been paid.
We will treat your affairs as strictly private and confidential.
However please note that in certain limited circumstances, the law obliges us to notify the authorities if we have suspicions that very serious criminal activity is taking place or about to take place. The one exception to this is where we have reason to believe that money-laundering is or has occurred. In such circumstances we would be obliged to notify the authorities about our suspicions.
10. Data Protection
The Data Protection Act requires us to advise you that we hold your details on our database and that we may use these details, from time to time, to send you information which we think will be of interest. You hereby agree that we may release your contact information to the Media for purpose of filming (filming with your consent & co-operation) for a television programme and or a documentary. No filming will take place if you expressly inform us in writing that you do not wish to take part.
11. Liability Cap
Please note that Landlord Advice UK always caps liability whether in contract, tort (including negligence), breach of statutory duty or otherwise in respect of any claim or a series of claims which are related, expenses, legal fees and any other costs howsoever arising at the same amount paid by you to us for this particular service and is limit to the amount on the attached invoice.
By paying the attached invoice you agree that our cap on liability is fair and reasonable having regard to all of the circumstances which were, or ought reasonably to have been, known to you or in your contemplation at the time of any engagement or provision of services by us. Should you wish for the liability cap to be more than the attached invoice you should use a service of firm of solicitors who maybe regulated by the SRA whereby you have a higher cap and more protection. It is of course open to you to seek to obtain legal services elsewhere without such limitation.
Landlord Advice UK alone will be responsible for the provision of the services under this agreement. You therefore agree that you will not bring any claim in respect of or in connection with any engagement for the services Landlord Advice UK provides whether in contract, tort (including negligence), breach of statutory duty or otherwise against any director, member or employee or consultant of Landlord Advice UK or of any company which is connected with Landlord Advice UK. Any remedies available to you exclude liability for indirect losses flowing from a breach of duty by a member of Landlord Advice UK. The types of losses excluded include (but are not limited to) loss of profits, loss of goodwill and loss of opportunity). In all cases, whether in contract or tort, you have one year from the date of awareness of a loss to bring a claim subject to a long-stop of two years from the cause of action accruing. This exclusion does not apply to any liability which cannot be excluded under the law of England and Wales.
13. Ending This Agreement
You may end (i.e. terminate) this agreement at any time, ideally in writing.
You do not need to have or give any reason or advance warning, although we would like to know if our service has fallen short so we can improve our service and or procedures.
Upon receiving a termination notice from you we will automatically issue a bill to you in respect of any unbilled time costs, expenses and disbursements. Your termination of this agreement does not automatically cancel any unpaid bills or work done but not yet billed for. If we are holding money on account for you then please contact us to discuss its return.
Equally, we are also entitled to terminate this agreement at any time and for any reason without advance warning.
If we do so then we will notify you in writing. The main reasons we normally stop acting for a client are when they do not pay our bills; if we can no longer assist them as they need; if we cannot get clear or proper instructions on how to proceed or where the client is abusive or too difficult to work with.
If you chose to terminate this agreement then you must inform all parties including the courts, the defendant or claimants of your address for service of any documents in respect of your case. After your agreement has terminated with us then we have absolutely no obligations to forward any communication received from any party as it shall be your responsibility to inform all parties of your address/communication for service of any documents.
Once the work we have been instructed to carryout has been completed. Once we have drafted and served notices this 1st stage shall be deemed completed. Once a possession order has been granted at a court hearing this 2nd stage shall be deemed as completed. Once we have received and sent you a date of a bailiff eviction this 3rd stage shall be deemed as completed. Any communication received after a stage has been completed shall be chargeable at £100 per hour at 10 minutes segments plus postage and package.
14. Fair Usage Policy for Free Advice
In all cases and eventualities any time spent on your case that exceeds the initial 20 minutes shall be charged at our standard rate of £100 per hour chargeable in advance in 10 minutes segments.
16. Bailiff Instructions
You not us must arrange a locksmith to ensure upon the Bailiff attending the let property to carryout the eviction that a locksmith is ready and waiting for the Bailiff to give the locksmith the go ahead to change the locks to the let property. You must also ensure you the landlord are their in person to accept the let property from the Bailiff. You must pay the cost of the bailiff this is your responsibility not ours.
15. Governing Law and Jurisdiction
English law governs the terms of this agreement, and any dispute arising out of its terms will be subject to the exclusive jurisdiction of the English courts.
17. Next Steps
If you wish us to work for you on the above terms as set out in this client care letter and you herein accept you have also read our terms and conditions you should then and only then pay your invoice. Alternatively, please feel free to speak to us about any points that concern you, or which you would like explained.