1. General

1.1 Landlord Advice UK refers to ‘Landlord Advice UK Limited’ (also referred to as ‘us’, ‘we’ and ‘our’) a company registered and trading in England & Wales. Our company registration number is 14877800.

1.2 By instructing Landlord Advice UK you accept our terms of business which include our client care duties. These terms of business shall apply to all matters handled by us, though reference is often made to landlord and tenant matters, and specially eviction.

1.3 Cases are handled by the our legal team who are paralegals and are legally trained. Landlord Advice UK are not a firm of solicitors and are not regulated litigators. Your case will usually be handled by one person with the supervision of one or more person From time to time your case may by others members of our team for the purposes of carrying out our services effectively and efficiently.

1.4 We adhere to our equality and diversity policy:

i We do not discriminate unlawfully, or victimise or harass anyone, in the course of our professional dealings;

ii we provide services to clients in a way that respects diversity, we make reasonable adjustments to ensure that disabled clients, employees or managers are not placed at a substantial disadvantage compared to those who are not disabled, and you do not pass on the costs of these adjustments to these disabled clients, employees or managers;

iii our approach to recruitment and employment encourages equality of opportunity and respect for diversity;

iv complaints of discrimination are dealt with promptly, fairly, openly, and effectively;

v we have appropriate arrangements in place to ensure that we monitor, report and, where appropriate, publish workforce diversity data.

1.5 We adhere to our commitment and duties of client care:

i We treat our clients fairly;

ii we provide services to your clients in a manner which protects their interests in their matter, subject to the proper administration of justice;

iii when deciding whether to act, or terminate your instructions, we comply with the law and our terms of business;

iv we have the resources, skills and procedures to carry out our client’s instructions;

v the service we provide to clients is competent, delivered in a timely manner and takes account of our client’s needs and circumstances;

vi we only enter into fee agreements with our clients that are legal, and which we consider suitable for the client’s needs and take account of the client’s best interests;

vii we inform clients of how representation will be provided to the client;

viii clients have the benefit and protection of our professional indemnity insurance;

ix clients have free access to our terms of business which is not limited to being available on our website to ensure clients have the opportunity to read our terms of business for their own benefit;

x clients are able to freely access our complaints procedure which is not limited to being available on our website;

xi clients’ complaints are dealt with promptly, fairly, openly and effectively;

xii clients are in a position to make informed decisions about the services they need, how their matter will be handled and the options available to them;

xiii clients receive the best possible information, both at the time of engagement and when appropriate as their matter progresses, about the likely overall cost of their matter;

xiv clients have the benefit of being notified of any costs for any works before they are carried out unless agreed otherwise in writing between the client and us; and

xv we inform current clients if you discover any act or omission which could give rise to a claim by them against you.

  1. Free Advice Line

2.1 By using our free advice line by telephone you are agreeing that where no personal consultation has taken place and information has been provided exclusively by telephone, under no circumstances will we or our affiliates, or any lawyer or consultant connected with us be responsible for (a) any persons reliance on any such information, whether or not the information is correct, current or complete (b) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided by us or as a result of the use of the site www.landlordadvice.co.uk and our affiliates accept no responsibility directly or indirectly.

  1. Communication by E-mail

3.1 We generally communicate with and send documents to clients and any other parties by e-mail. You accept that the internet is not a secure medium and that electronic transmission of e-mail may become lost, delayed, intercepted, corrupted, delivered incomplete or fail to be delivered. We shall use our reasonable endeavours to ensure that our e-mails are free from viruses and other obstructions and shall expect you to do the same. However, you should note that e-mail cannot be guaranteed to be secure, error-free or confidential and that we shall have no responsibility or liability for any error, omission, claim or loss arising from or in connection with any communication to you via email, in the absence of any bad faith or wilful default on our part.

3.2 If you are unable, or do not wish, to communicate by e-mail, you must expressly inform us as soon as possible in writing; in which case we will correspond by way of letter.

3.3 We aim to respond to all written communication as quickly as possible. However, it can take up to 5 working days for us to provide a response.

  1. Progressing Your Matter

4.1 We aim to resolve your matter successfully, and in a time and cost-effective manner.

4.2 In all our dealings with clients we aim to provide a professional yet friendly service. We shall endeavour to meet all your objectives within your preferred timescale, subject to external factors over which we may have little or no control.

  1. Responsibilities

5.1 Having taken your instructions, we will address or take into account the following matters and issues:

  1. Your requirements and objectives;
  2. Advise you on your options to achieve your objectives;
  3. What we will and will not do for you; and
  4. Whether there is any conflict of interest in assisting you.

5.2 Your responsibilities to us are:

  1. to inform us of all material factors of which you are aware which may affect the matter;
  2. to provide us with appropriate evidence as to your identity and, where requested, that of your organisations;
  3. To provide us with accurate information and documents when requested, and
  4. to settle our bills promptly when delivered.

5.3 The decision as to whether you proceed to instruct us in relation to any matter will be made by you based upon your own assessment.

  1. Possession Claim

6.1 If you instruct us to assist you making a claim for possession, we will be able to assist you prepare the claim, evidence and hearing bundle all of which will be issued, filed and served by a regulated firm of solicitors. We will also be able to provide representation at any Court in England & Wales for a fixed fee, such representation is provided by the Solicitors we instruct that provide advocacy services; and they are guided and advised by our legal team.

6.2 Whilst we can provide advice and guidance throughout the process, we cannot and will not conduct the litigation for you. You will be provided with copies of documents from the Court, the opposing party and or opposing party’s representative (if any).

6.3 To ensure you receive representation at Court hearings from our recommend solicitors, you must ensure you promptly instruct us and pay any invoice raised for representation. Failure to do so could result in you not having any legal representation in Court.

  1. Bailiff Eviction

7.1 If the tenant fails to vacate the let property by the date required in the possession order, you may need enforcement action. A possession order can only be enforced by an authorised person acting under the warrant or writ of a Court. We offer a fixed fee to draft your warrant or writ for possession, which you will then send to the Court along with the Court fee.

7.2 Once you have issued your warrant for possession you will receive a Notice of Appointment with the Bailiff from the County Court directly because you have conduct of the litigation, and the Court will send you documents directly. To ensure you receive advice on the next steps, you must send us a copy of the Notice of Appointment with Bailiff as soon as you received it by e-mail or secure post to our office.

7.3 You or anyone you authorise must attend the let property and wait for the Enforcement Officer to arrive. When you wait, you should not enter the property or any land that forms part of the property. The Enforcement Officer will usually only approach the property if he can see somebody outside or has made contact with you.

7.4 We, or the Court, may send you a Risk Assessment Form. It must be completed accurately by the landlord so we can send it to the Enforcement Agent. Failure to complete all parts of the form and return it to us could result in the Enforcement Agent or Court cancelling the eviction appointment. The landlord or agent must complete and return the risk assessment to the Court; unless we are instructed to complete the risk assessment and return it to the court for a further fee.

7.5 On rare occasions an Enforcement Agent can be late in attended the subject property. The Enforcement Agent would usually notify us or you, if we receive notice the Bailiff will be late we will contact you immediately. We will not responsible for an Enforcement Agent attending late, or a complete failure to attend.

7.6 On very rare occasions, tenants refuse to vacate when an Enforcement Officer attends. If at the time of eviction, you feel there is a breach of peace, you should ask the police for help.

  1. Discontinuance

8.1 Where you wish to discontinue a live claim you must consult with us first to obtain advice as to what your options are and methods of discontinuance.

8.2 If you discontinue a claim, you may become liable to pay the opposing party’s legal costs which shall be your liability irrespective of the reason you may choose to discontinue your claim. This is also a general rule under the Civil Procedure Rules.

8.3 Where you discontinue your claim that the defendant(s) has brought a Counterclaim against you, the defendant’s (part 20 claimants) Counterclaim shall continue against you unless the defendant(s) discontinues their Counterclaim.

  1. Fixed Fee Service

9.1 All services which we offer to carry out on a fixed fee basis can be found in our schedule of fixed fees which can be provided to you upon request. For the specific service you require, we will quote our fixed fee for.

9.2 In order to provide a fixed fee service, all emails, correspondence and calls you send and make to us are kept to a reasonable quantity. We will monitor emails and calls to us and make additional fees on a timely basis for excessive contact by clients or where a new issue has arose that requires our attention. You will be put on notice should this arise.

9.3. Our fixed fee for the drafting and serving of any document(s) shall not include drafting further documents in response to any consequential reply or correspondence we may receive.

9.4 For a possession claim that you issue using the N5 Claim Form (the English and Welsh version of the form) our fixed fees are for us to assist you draft and prepare the claim, supplementary documents required in Court and there is also a fixed fee charged by the Solicitors that will represent you at the first hearing. These fixed fees are not for the provision of any further services beyond the first hearing by us, or the solicitors that we would refer you to for representation in Court unless you arrange otherwise directly with such solicitors.

9.5 Our fixed fee service for a possession claim that you issue using the N5B Claim Form (English and Welsh version of the form) are for us to assist you draft and prepare the claim, supplementary documents. This is an ex-party application in which the Court would usually decide your claim without a Court hearing. The Court can list a hearing off its own initiative, or where the Defendant submits a Defence or application. If a hearing is listed, and you require representation at the hearing or any further is required beyond us preparing your claim, these works would not be covered by the fixed fee you have paid and a further fee would be payable for us to provide further services.

9.6 All of our fixed fees shall be for the services described in our invoices stating such fees and for the services we have offered and described, the services shall not extend beyond this. None of our fixed fees allow for us to draft further additional documents, review new documents, correspondence or provide further advice on a new issue.

9.7 In certain circumstances, there may be additional fees payable that we could not have initially foreseen. Not all events can be accounted for by fixed fees and whenever the fixed fee no longer applies, or a further fee will be payable, we will inform you and discuss your options.

9.8 Our fixed fee service does not include unlimited advice, our fair advice policy shall apply at all times.

9.10 From time to time, our fixed fees may change, if you instruct us after the changing of fixed fees, the new fee shall apply unless we agree otherwise with you.

  1. Payments

10.1 Our invoices to you are required to be paid upon receipt of our invoice.

10.2 Where possible, payments should only be made by Bank Transfer, pay by link, or by phone with a debit or credit card in your name.

10.3 We do not accept American Express, but all other major debit and credit cards are accepted.

10.4 Where you choose you no longer wish to proceed with anything you have instructed Landlord Advice UK to do, you shall be liable for the payment of the works carried out up to the date of your express written notice to us that you no longer require to proceed with the instructions to Landlord Advice UK.

10.5 All payments should be made to Landlord Advice UK. We do not accept cash unless you visit our office and we have completed an identity check. If you deposit cash directly with our bank, we may charge you for checks we make to prove the source of the funds. Where we have to pay money to you, it will be paid by cheque or bank transfer only. It will not be paid in cash or to a third party.

10.6 For payments being made internationally, our BIC and IBAN details are:

BIC: ABBYGB2LXXX

IBAN: GB33ABBY09012985518074

  1. Limit of Liability

11.1 The work we carry out is based on the instructions and information provided to us by you and any third party you permit to provide us with information about your matter (such as an agent, friend or family member for example, but not limited to the same).

11.2 If any information you provide is incorrect or incomplete, we cannot be held liable for delays, results or costs that arise in consequence.

11.3 If you fail to acknowledge or follow our advice, or any direction or guidance we provide you with in relation to your matter, or any directions we cannot be held liable for delays, results or costs that arise in consequence.

11.4 Our director,, employees and contractors shall have no personal liability to you.

11.5 You also agree to indemnify us and hold us harmless against all losses, damages or costs howsoever caused which we may suffer in acting for you in this engagement (including, without limitation, our compliance with our statutory obligations), subject to the limitation in liability set out in the preceding paragraph.

  1. Confidentiality and Data Protection

12.1 As part of our engagement with you, we expect to receive personal data from you or from persons connected with your business. This could be personal data about you, people who work for or with your business, or third parties, including people at organisations you do business with or are in dispute with. We are required under the Data Protection Act 2018 (“DPA”) and the General Data Protection Regulation (EU 2016/679) (“GDPR”) (the GDPR and the DPA collectively, “data protection law”) to inform you about the uses to which we put your personal data.

12.2 We may contact you by post, email, telephone or fax for these purposes. If you do not want to receive such communication you can opt out during registration, by emailing us at [email protected], or by following the unsubscribe instructions on the email which you may receive for marketing purposes.

12.3 We will comply with the data protection law in our own handling of personal data (including any personal data we obtain from third parties for your engagement), but will not be responsible for any action taken by the Information Commissioner (or any other data protection regulator), data subjects or other persons arising from any transfer of personal data to us by you (or its processing in order to fulfil your instructions) contrary to data protection law.

12.4 We may use third parties to process your personal data for us in order to obtain goods and services related to your engagement or appropriate for the running of our firm. We do not sell personal data to third parties for marketing or other commercial purposes.

12.5 Data protection law requires that all personal data kept by us is accurate and up-to-date, so please keep us informed of any changes to personal data, including email and mobile phone numbers, which you supply to us in connection with our engagement.

  1. Disclaimer

13.1 Our free advice line should not be used solely to deal with any matter yourself and the advice we provide should be taken by you as guidance only. Whilst we take all reasonable steps to ensure accurate advice is provided, our free advice line only allows for a short discussion relating to your matter with one of our legal advisors. Our free advice line does not afford our legal advisors the opportunity to review any documents relating to your matter or the applicable law. Accordingly, any advice you receive via our free advice line should be taken as guidance only.

13.2 Whilst we use all reasonable efforts to ensure that the information published on our website www.landlordadvice.co.uk is accurate, current and complete at the date of publication, you must only take such publications as guidance only. All content on our website aims to provide guidance only. We cannot accept responsibility for any loss arising directly or indirectly from the use of, or any action taken in reliance on, any information appearing on our website or social media platforms and make no warranty that this website is free from errors, defects or viruses.

13.3 Landlord Advice UK does not carry out reserved legal activities within the meaning of section 12 of the Legal Services Act 2007 and is not regulated to carry out such reserved legal activities. Landlord Advice UK is not a firm of solicitors, chambers of barristers or chartered legal executives and does not hold itself out to be the same. Landlord Advice UK is a paralegal law firm, which is not regulated by a body, complaints procedures are handled internally as set out in our complaints policy set out herein. Our legal team are legally trained and hold the required skills and experiences to deal with your matter.

13.4 We reserve the right to change, modify, add or remove provisions of this Privacy Policy. Any changes to this Policy will be shown here, and we recommend that you check this Policy again from time to time.

  1. Copyright Notice

14.1 The entire contents of this website (except where applicable the crown copyright location maps) are our property and are subject to copyright with all rights reserved.

14.2 You may download or print individual sections of the website for personal use and information only provided that these properly indicate our copyright and other proprietary notices.

14.3 You may not reproduce (in whole or in part), modify, decompile, disassemble or transmit or use any content or design for commercial purposes whatsoever or any information from this website without our prior written consent signed by a director of Landlord Advice UK Limited.

  1. Regulatory

15.1 Landlord Advice UK is a trading name of Landlord Advice UK Limited whose registered company number is 14877800 and whose registered office is Landlord Advice UK, First Floor, Front Offices, Nightingale House, 1-3 Brighton Road, Crawley, RH10 6AE.

15.2 Landlord Advice UK is a company registered in England and Wales.

15.3 Landlord Advice UK does not carry out reserved legal activities within the meaning of Section 12 of the Legal Services Act 2007 and is not regulated to carry out such reserved legal activities. Landlord Advice UK is not a firm of solicitors, chambers of barristers or chartered legal executives and does not hold itself out to be the same. Landlord Advice UK is a paralegal law firm, which is not regulated by a body. Complaints procedures are handled internally as set out in our complaints policy herein.

  1. Applicable Law

16.1 Any disputes arising from the use of this website shall at all times be governed by the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English and Welsh Courts.

  1. Identification Requirement

17.1 To meet the Money Laundering Guidelines we may at our discretion use an electronic ID checking service provided by a registered Credit Reference Agency. For these searches, we may request a copy of your passport or driving licence and a utility bill (less than three months old) in your name at your home address.

17.2 We may use the Personal Information you provide in order to make appropriate anti-fraud checks. The information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of it.

17.3 We do require verified ID in the event you wish to proceed with making any application to the Court, or be represented in Court. Where you re unable to provide verified ID, we can have your ID verified for a fee, such fee is a nominal fee.

  1. Limitation Period

18.1 After completing a case, closing a file or you disengaging our services, we need to keep a file stored for 6 years. Files will be safely destroyed after 6 years. To retrieve your file from storage before it is destroyed the fee is £80 +VAT.

18.2 If your matter relates to litigation or becomes litigation, we will not be able to be on any Court as acting for you, this means you will receive documents from the Court and opposing party and their representatives (if any). As a result, we may not have copies of all documents relating to your matter.

  1. Termination of Services

19.1 You have the right to cancel your initial instructions to us within 14 days of entering into this agreement by  send us notice that you wish to cancel by e-mail to [email protected] or by post to Landlord Advice UK, First Floor, Front Offices, Nightingale House, 1-3 Brighton Road, Crawley, RH10 6AE.

19.2 You have the right to cancel your use of our services at any time by serving notice on us in accordance with clause 16.1 above.

19.3 If you do exercise your right to cancel this agreement, you still may be charged for any time spent on your matter, or be charged the full fee if the we have completed the work.

19.4 If you decide to terminate this agreement before we have spent any further time on the matter or completed any work you will receive a full refund.

19.5 We may terminate this agreement at any time by giving written notice to you by e-mail in the first instance where you have provide us with an e-mail address, or by post where you have not provided us with your e-mail address, and have only corresponded with us by post and telephone.

  1. Complaints

20.1 Write to Landlord Advice UK, First Floor, Front Offices, Nightingale House, Crawley, RH10 6AE via 1st class recorded delivery addressed to the director(s) or you may e-mail [email protected] making such e-mail for the attention of the director(s). Landlord Advice UK will not accept any other method of service in relation to a complaint.

20.2 In your written complaint, you must include:

  1. Your full name, address and our reference number;
  2. Set out the reasons for your complaint;
  3. Providing particularised details about the reasons for your complaint;
  4. Confirm the person(s) who you wish to complain about; and
  5. The date(s) that you acknowledged an issue.

20.3 You must make all reasonable attempts to ensure your complaint reaches us within good time and is sent to us in the mode(s) prescribed in clause 17.1. above.

20.4 You must make a complaint as soon as is practicable from the date you acknowledged an issue you wished to complain about.

20.5 You will be required to make a complaint directly to us before consulting any third party as it is highly likely we can resolve any issues you may have.

20.6 Once we receive a complaint by the mode(s) prescribed in clause 1.1. will review the complaint which will be within 21 days of receiving your complaint, although we will aim to deal with any compliant much sooner.

20.7 If you remain unhappy to our decision, you may ask for a review within 14 days of our final decision; if you request this by the mode(s) prescribed in clause 1.1. we will review our final decision. To enable this, you must provide further information as to why you think our final decision was wrong.

  1. Other Matters

18.1 If you need clarification on any of these terms of business please email [email protected].

  1. Our Details

Landlord Advice UK © , First Floor, Front Offices, Nightingale House, 1-3 Brighton Road, Crawley, RH10 6AE.

 

Tel: 020 3903 2000

 

E-mail: [email protected]

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