Sasha Charles & Landlord Advice UK: Litigation Compliance Explained

The Legal Trap Most Landlords Don’t See Coming

In today’s rental landscape, one of the biggest risks to landlords isn’t a rogue tenant or unpaid rent — it’s unauthorised litigation.

For years, many third-party providers and “eviction specialists” have assisted landlords with possession claims and rent disputes. But what was once seen as routine help has now been classified by the courts as reserved legal activity.

If your provider crosses that legal line — even unintentionally — your entire case could be jeopardised.

The Definition of “Conducting Litigation” Wasn’t Always Clear

Until recently, the meaning of “conducting litigation” under the Legal Services Act 2007 was unclear and inconsistently interpreted.

This legal grey area meant that many unregulated firms — particularly in the landlord and tenant sector — offered services like:

Drafting possession claims
Preparing witness statements
Filing paperwork with the courts
Corresponding with opposing party’s during Court proceedings

For years, these services were seen as legitimate, and many landlords relied on them in good faith.

Even the High Court in Baxter v Doble & Anor (2023) EWHC 486 (KB) expressed in that:

“It is also very difficult to identify a clear dividing line between what does and does not amount to the conduct of litigation from a review of the authorities.”

Since the Baxter, things have moved further and there is no doubt at all that anyone who files and serves documents, pays a Court fee to the Court, corresponds with the Court and opposing party is not carrying out clerical activities but is conducting litigation. Recent court rulings have clarified that many of these actions amount to “conducting litigation” — a reserved activity that only authorised individuals or firms can perform.

That legal clarification has caught many providers — and their landlord clients — off guard as the SRA has investigated many unregulated service providers who have (knowingly or unknowingly) conducting litigation without the right.

The Risks of Unauthorised Legal Services

If your possession claim or rent-related case is prepared or filed by someone who is not authorised:

The claim may be struck out
You could lose legal costs, even if you win
There may be delays, repeat hearings, or sanctions
A tenant’s solicitor may exploit the breach to mount a defence

The courts are now enforcing these rules strictly, especially in possession cases — making it essential that landlords understand who is handling their case and whether they’re legally authorised to do so.

How We Responded to the SRA and Restructured for Compliance

Earlier this year, the Solicitors Regulation Authority (SRA) raised concerns about the way certain legal activities were carried out by Landlord Advice UK and Sasha Charles of Landlord Advice UK, specifically in relation to whether the way in which the services were being provided amounted to unauthorised conduct of litigation.

We acted immediately and rebuilt our legal service model to ensure that all reserved activities for our clients are handled by authorised and regulated solicitors.

These changes ensure that we are fully aligned with both the Legal Services Act 2007 and the latest case law interpretations as to what conducting litigation amounts to.

Future-Proof Legal Support for Landlords

At Landlord Advice UK, we’ve used this turning point as an opportunity to create a stronger, more secure legal framework for the landlords we serve, which streamlines the tenant eviction process making it cheaper and quicker for our clients through the solicitors that handle the litigation.

We continue to offer legal compliance checks, the preparing and serving of notices and pre-action letters in the pre-action stages, guaranteed eviction from Court to enforcement via our appointed solicitors.

We also continue provide debt recovery, and landlord defence from enforcement by local authorities to applications for rent repayment orders.

Transparent processes that prioritise compliance, clarity, and client protection.

Why This Should Matter to Landlords?

If your legal service provider is not authorised to conduct litigation and they are conducting the litigation for you, you are the one at risk.

That includes:

Delays in recovering your property
Struck-out claims, even if valid
- Financial losses from wasted fees, irrecoverable costs to paying the opposing party’s legal fees.

Legal compliance isn’t just a regulatory issue — it’s a necessity in protecting your investment and yourself.

Ask These Questions Before Instructing a Provider

Don’t assume your provider is compliant unless they are clearly regulated to conduct litigation. Ask them:

“Are you authorised to conduct litigation under the Legal Services Act 2007?”
“Do qualified solicitors handle the litigation?”

If they can’t answer confidently — or if they avoid the topic — you may be putting your case at risk.

Whilst we will not name the companies, there are tenant eviction companies that are still conducting litigation unlawfully, risking their clients cases, and likely know of the recent cases making clear as to what does and does not amount to conducting of litigation. The majority of recent cases all relate to tenant eviction companies.