Terms & Conditions

“London Tenant Evictions” is a trading style of London Repossession Services Ltd (Company registration number 09986218). Payment by you for any of the services offered by London Tenant Evictions and or their lawyers is deemed acceptance by you of our terms and conditions. Payment by you for any of the services offered by London Tenant Evictions or their lawyers now or in the past 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 London Tenant Evictions 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 acceptance of these terms and conditions.

Eviction Cases – Fixed fee Stage I Notice

We will prepare and serve* either a section 8 notice or a section 21 notice or both 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 genuine 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 invariably lead to any subsequent court possession hearing being adjourned thus leading to delays and extra legal 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 factual 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. 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. London Tenant Evictions will not be held liable should the notice be deemed invalid by reason of reliance on incorrectly provided information by you. In the event that a case becomes defended our fixed fee service will no longer apply.
If a deposit has been taken from a tenant since 06 April 2007 then please refer to our terms and conditions headed ‘Your Deposit’.
*Service is by first class post and first class recorded delivery. If you require service by personal hand delivery a process server fee will be applicable.
Your continuing instructions will amount to your acceptance of these terms and conditions.

Eviction Cases – Fixed fee Stage II Court Proceedings

On your behalf and acting as your agent we will instruct our lawyers* to prepare all the necessary court papers in order to commence the appropriate property possession action in the county court strictly in accordance with your instructions. Therefore if you instruct us to commence an action based on a section 8 notice we shall do so. If you instruct us to commence an action based on a section 21 notice we shall do so. The fixed fee stage II service does not include advice in relation to which notice you should proceed under. If you instruct us to commence 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. We will liaise with the court and deal with all the court papers. It is essential that you attend at court and meet with our advocate to give evidence at the date and time as set down by the court and as notified to you by London Tenant Evictions. If you do not wish to attend the court hearing we can, at your further instruction, prepare all necessary witness statements which we will need to serve on your tenant and file with the court no less than 2 clear working days before the court hearing date. This will negate the need for you to attend, however we do stress that it is always preferable for you to attend in person. London Tenant Evictions will require a fee of £50 plus vat for the preparation and service of these additional witness statements. London Tenant Evictions will provide a specialist advocate at the first hearing to represent you in court. 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 tenants 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. Unless we are seeking possession on an expired Section 21 Notice in isolation through either the standard or accelerated procedure you should obtain an order for a fixed contribution towards your legal costs. Regardless of the possession order we are seeking, any cost contribution awarded by the court is unlikely to match the total you have expended. Our Stage II fixed fee is limited to one court attendance. Should the court adjourn the hearing for whatever reason and require subsequent attendances 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 of the paper work that you submit with your instruction is in order. London Tenant Evictions will not accept responsibility or liability if a process fails on account of defective documentation 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 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 genuine and fully accounted for. Errors regarding rent arrears can lead to disputes which can lead to a defence being filed by your tenant. In all section 8 rent arrears matters we will require a thorough rent schedule detailing fully a chronology of dates payments and amounts which have been made by the tenant. The schedule will also be required to show a running balance on each entry. The rent schedule will have to show all payments made in the last 2 years, or, where the tenant has not been in for 2 years, will have to go back to when the arrears began to accrue. London Tenant Evictions will not be able to process your Stage II order until receipt of a fully compliant rent schedule has been received. If you would like London Tenant Evictions to prepare a fully compliant rent schedule on your behalf we can do so for a fixed fee of £40 plus vat. The schedule will be prepared from the information which you provide. Errors regarding rent arrears can lead to disputes which can lead to a defence being filed by your tenant. A defence will invariably lead to any subsequent 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 cases’.

*Our lawyers are independent from London Tenant Evictions. By instructing London Tenant Evictions you hereby agree and consent to London Tenant Evictions acting as your agent for the purpose of instructing our lawyers on your behalf and liaising with them in respect of all matters relating to your case. You hereby agree, consent and authorise our lawyers to liaise, pass, share, and divulge with London Tenant Evictions all information, correspondence and evidence in relation to your case. You hereby authorise London Tenant Evictions to instruct our lawyers and hereby authorise our lawyers to take instructions from London Tenant Evictions on your behalf in relation to all aspects of your case. You will not be charged separately by our lawyers.
Please note,our Stage II court proceedings include a claim for possession of your property and a claim for arrears only. They do not include a claim for the return of your deposit or the recovery of a deposit from a government authorised deposit scheme. Please see below under the heading ‘Your Deposit’.
Please also note,our Stage II court proceedings do not include a claim against a guarantor, even where London Tenant Evictions are aware a guarantor exists. A claim against a guarantor will only be included in a claim where London Tenant Evictions are specifically instructed to include a claim against such a guarantor when an extra fee has been agreed and paid and the inclusion of the guarantor in the claim has been confirmed and communicated to the landlord in writing.
Your continuing instructions will amount to your acceptance of these terms and conditions.

Fixed fee Accelerated Procedure

On your behalf and acting as your agent we will instruct our lawyers* to prepare all the necessary court papers in order to commence the appropriate property possession action in the county court and strictly in accordance with your instructions. London Tenant Evictions will liaise with the court and ensure that all the court formalities and further court paperwork is dealt with. The accelerated procedure is only applicable where a valid section 21 notice has already been served and expired and where there is in place a written assured shorthold tenancy agreement. It cannot/does not include a claim for any outstanding rent arrears. Generally the accelerated procedure takes between 3 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 determines the necessity for a hearing, London Tenant Evictions will require a balancing payment of £150 excluding vat to attend the hearing. In the alternative the landlord can attend the hearing in person and London Tenant Evictions will have no further involvement in the matter. In the event that the matter becomes defended please see our terms and conditions for defended actions below.

Defended Cases

In the event that your case is defended by the tenant or if other circumstances arise which are not covered by our fixed fee services, then our fixed fee service will come to an end. Any additional work will be charged for and will be based upon the time we spend in dealing with your case. On your behalf and acting as your agent we will instruct our lawyers* to continue to defend your case. Anything that you can do to assist us in dealing with your case will minimize our potential charges. All extra work will be charged at preferential rates as negotiated by London Tenant Evictions on your behalf. As soon as it is known that your case has become defended London Tenant Evictions will advise you that your case has been defended or adjourned and will seek your instruction before proceeding with any further work. Your continued instruction will amount to acceptance of our terms and conditions and that you wish for us to continue to act on your behalf. You can however choose a solicitor of your own choice and London Tenant Evictions will no longer act as agent on your behalf. If you choose to continue to instruct London Tenant Evictions, London Tenant Evictions 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 London Tenant Evictions to ensure a successful conclusion to your case, due to the very nature of defended claims, London Tenant Evictions cannot 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 and in order. London Tenant Evictions will not accept responsibility or liability if a process fails on account of defective documentation submitted by you. After completing the work, we are entitled to keep all of your papers and documents while there are fees owing to us for our charges and expenses. If you terminate your instructions or we stop acting for you with good reason, you will still have to pay our charges and expenses and our solicitors charges and expenses up to the date that we cease acting, including costs for removing our name or our solicitors name from the court record if court proceedings are involved and transferring our files to you or another advisor. 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 our solicitors. If your opponent has Community Legal Service Funding (Legal Aid) you are unlikely to be able to recover any of your costs from them, even if you win your case. 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 does not reserve your right to claim legal costs from your tenant you will not be able to claim them and you will only be entitled to 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 us immediately and in event within 7 days of the order being made. London Tenant Evictions 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, and also defending claims for unprotected deposits), you should give careful consideration as to whether the other party might have a defence (to all or part of your claim) or a counter-claim. 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. London Tenant Evictions offers no guarantees as to the outcome of any particular case.

Guaranteed Eviction Offer

Is strictly subject to the landlord complying with their legal obligations as landlords. It shall not be the duty of London Tenant Evictions 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 our 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) 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. Applications for refund of fees must be in writing and sent to the address listed on the Contact Us page and be received within 7 days of the date of the hearing. All the terms and conditions on this page apply to the guaranteed eviction offer.

A full break down of the additional costs will be provided on request.

Our lawyers are independent from London Tenant Evictions. By instructing London Tenant Evictions you hereby agree and consent to London Tenant Evictions acting as your agent for the purpose of instructing our lawyers on your behalf and liaising with them in respect of all matters relating to your case. You hereby agree, consent and authorise our lawyers to liaise, pass, share, and divulge with London Tenant Evictions all information, correspondence and evidence in relation to your case. You hereby authorise London Tenant Evictions to instruct our lawyers and hereby authorise our lawyers to take instructions from London Tenant Evictions 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 London Tenant Evictions. You will not be charged separately by our lawyers unless otherwise agreed.
Your continuing instructions will amount to your acceptance of these terms and conditions.

Court paperwork only service

London Tenant Evictions will prepare and draft all the appropriate court paperwork including the claim form, particulars of claim, exhibits and exhibit sheets so that you can issue the claim and attend the subsequent court hearing in person to submit your evidence. If you have previously instructed London Tenant Evictions in respect of a Stage 1 notice service London Tenant Evictions will provide you with a statement of service. This will be included in the paperwork. The court papers will be duplicated to the correct quantity necessary for you to commence the court proceedings on your own behalf. The Court paperwork only service does not include the court fee (please check on the appropriate HM Courts & Tribunal Service website for the latest Civil and Family Court Fees), this will have to be paid by you when you submit the papers to the court. London Tenant Evictions will have no further involvement in the particular case once the paperwork has been completed and dispatched to you. The purpose of this service is to give the Landlord who has enough time and confidence (and who doesn’t need to worry about taking time off work) to take control of the possession action and attend the court hearing themselves. London Tenant Evictions will prepare the court paperwork strictly in accordance with your instructions and shall make no further assumptions. This service is not an advisory service, therefore if you instruct London Tenant Evictions to prepare the court paperwork based on your own section 8 notice we shall do so without checking as to its validity or suitability. If you instruct us to prepare the court paperwork based on a section 21 notice we shall do so without checking as to its validity or suitability. The court paperwork only service does not include advice in relation to which notice you should proceed under if you have served both types of notice. If you instruct us to prepare the paperwork based on 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 your case is adjourned for whatever reason London Tenant Evictions will be happy to offer assistance and advice in accordance with our Defended action terms and conditions.
Note, our Stage II paper work only service includes a claim for possession of your property and a claim for arrears only. They do not include a claim for the return of your deposit or the recovery of a deposit from a government authorised deposit scheme. Please see below under the heading ‘Your Deposit’ if you wish for the papers to include a claim for this.

Note, our Stage II paper work only service does not include a claim against a guarantor, even where London Tenant Evictions are aware a guarantor exists. A claim against a guarantor will only be included in a claim where London Tenant Evictions are specifically instructed to include a claim against such a guarantor, when an extra fee has been agreed and paid and the inclusion of the guarantor in the claim has been confirmed and communicated to the landlord in writing.
Your continuing instructions will amount to your acceptance of these terms and conditions.

Your Deposit

The Housing Act 2004 together with the changes introduced by the Localism Act 2011 (The Housing Act 2004 and the Localism Act 2011 are defined from here on in as (“Current Legislation”)) made it compulsory for landlords who enter into assured shorthold tenancies with tenants where a deposit is taken to protect any deposit in accordance with Current Legislation. Failure to do so might result in a court awarding damages, payable by the landlord to the tenant, amounting to 3 times the value of the deposit taken plus the return of the deposit. In such cases the court is also likely to order the landlord to pay the costs of the tenant for bringing the claim.

The deposit is the landlord’s responsibility to deal with it in accordance with Current Legislation. London Tenant Evictions is not responsible for ensuring that a landlord has complied with a deposit in accordance with current legislation. London Tenant Evictions will always assume that a landlord has complied with its statutory duty under the current Legislation concerning deposit protection and service of prescribed information. If a landlord instructs London Tenant Evictions to prepare and serve a section 21 notice and informs London Tenant Evictions that a deposit has been taken, London Tenant Evictions will not be held liable if the section 21 notice fails on account that a landlord has failed to comply with the Current Legislation. A landlord should always ensure that before instructing London Tenant Evictions that they have complied with their obligations under the Current Legislation concerning deposits.
If a deposit has been taken and has not been protected in accordance with Current Legislation, a landlord cannot rely on a section 21 notice which was served prior to the conforming to of the current legislation (including, but not restricted to, protection of the deposit and the serving of the appropriate prescribed information to the tenant). London Tenant Evictions takes no responsibility whatsoever if a court procedure fails due to a landlord failing to comply with their obligations under the deposit protection scheme rules.

London Tenant Evictions Stage II court proceedings do not include a claim for the return of a landlord’s deposit or the recovery of the same from a landlord’s chosen deposit protection scheme. London Tenant Evictions Stage II court proceedings only include a claim for an order for possession of a landlord’s property and where applicable, a claim for an order for rent arrears (against the tenant only) and fixed costs. If London Tenant Evictions are instructed to include a claim for an order returning the deposit, a further fee of £65 plus vat will be payable. It is the responsibility of the landlord to make such a request at the outset of the claim as the claim will not be amended thereafter.

As it is a statutory requirement for a landlord to deal with any deposit taken in relation to an assured shorthold tenancy in accordance with Current Legislation, London Tenant Evictions will always, when asked, recommend that any deposit which has not been protected in accordance with Current Legislation to be dealt with forthwith. Advice can be given as to the appropriate course of action at your request. In any event this should be done prior to the service of notices. The inclusion of a claim for the return of the deposit is no guarantee that a court will order the return of the deposit to a landlord, therefore London Tenant Evictions can accept no responsibility whatsoever in the event that the court refuses to order the return of the deposit to the landlord for whatever reason and not return any fees in respect of the same.
Your continuing instructions will amount to your acceptance of these terms and conditions.

Terms and Conditions – Commercial Tenant Eviction

London Tenant Evictions will act on the instruction of the landlord/agent in the strict understanding that the landlord/agent have confirmed the lease contains the appropriate clause for right of forfeiture. A copy of the lease will be required by London Tenant Evictions at time of instruction by the landlord/agent. Where appropriate we reserve the right to instruct our lawyers to review the lease of the property and to advise you whether forfeiture of your commercial lease is an option.
In the event that forfeiture is not an option available to you, London Tenant Evictions will retain £75 exclusive of VAT for the time taken to review your lease and the balancing payment will be returned to you within 7 days from receipt of the payment.

In the event that forfeiture is an option available to you, London Tenant Evictions will prepare the appropriate legal notices and will arrange for a local bailiff to attend your property to exercise the forfeiture as soon as possible following receipt of your instruction. London Tenant Evictions will aim to instruct a bailiff within 48 hours from receipt of your instruction and/or as soon as possible given that London Tenant Evictions are dependent upon third party availability.
The locks of the property will need to be changed and your tenant will be provided with notice that the property has been repossessed by the landlord. The keys of the property will be returned to you within 48 hours. The locksmith’s fees will be in addition to the fixed fee for this service. London Tenant Evictions can make arrangements for the locksmith attendance, or alternatively, you are able to make arrangements yourself. London Tenant Evictions will not be liable for locksmith’s fees.
The landlord of the property is obliged to allow the tenant back into the property following a reasonable time after the eviction to collect any items at the property which belong to the tenant. Following the eviction the landlord will be responsible for the goods/assets contained within the leased premises and the insurance of the premises from the time of forfeiture. London Tenant Evictions accept no responsibility for goods/assets remaining within the demised premises.
Our fees for a commercial tenant eviction based upon a tenant failing to pay rent are fixed starting at £375 exclusive of Vat to include two hours attendance by enforcement agents, time in excess of two hours will be charged at £95 exclusive of Vat per hour or part thereof. There will be additional fees incurred in relation to the instruction of a local locksmith. These fees will vary depending upon the types of locks to be changed. London Tenant Evictions will provide you with a fee quote for the additional services prior to the eviction if required.

Should you wish to evict a commercial tenant based upon any other breaches of the lease, London Tenant Evictions can provide you with a fee quote once the papers and issues have been considered.

Once you have instructed London Tenant Evictions to proceed to forfeit the lease it is very important that you do not take any action which may amount to a waiver of the right to forfeit. The landlord should avoid any communication with the tenant whatsoever and should avoid demanding rent or taking any action which amounts to the recognition of the continued existence of the lease and the landlord and tenant relationship. In the event that such action is taken by the landlord you are at risk of waiving the right to forfeit and thereby restricting your rights under the lease to take back possession of the property.

Following the forfeiture of the lease a commercial tenant does have a legal right to apply to the court for ‘relief’ from forfeiture. In order for a tenant to be successful with a relief from forfeiture application, the tenant must clear the rent arrears and pay to the landlord the costs the landlord has incurred in order to undertake the forfeiture action. A tenant has a legal right to make such a court application within 6 months from the date of the forfeiture.

Should London Tenant Evictions and/or the agents of London Tenant Evictions be unable to carry out the forfeiture by reason of claims or other legal difficulties or should the forfeiture be abandoned or withdrawn for reasons outside of London Tenant Evictions’s control, the landlord agrees to pay on demand any reasonable fees and costs together with bailiff and locksmith charges which have not already been paid.

Commercial Rent Arrears Recovery

The cost of our services shall be in most cases be borne by the tenant. However if you accept a cheque, cash or any other type of payment in full, or withdraws the enforcement agent instruction or enters into arrangement with the tenant following issue of Notice of Enforcement a fee of £75 shall be payable by you. If you accept a cheque, cash or any other type of payment in full, or withdraws the enforcement agent action or enters into arrangement with the tenant following attendance of the enforcement agent, you shall be required to pay an additional £150 fee. (Excluding Controlled Goods Agreement)
Where it is necessary to instruct a third party on your behalf, including but not limited to external removal contractors, to assist with your matter we shall do so as your agent and you shall be responsible for payment of their fees.
Payment of Invoices for such services are payable upon receipt and we reserve the right to charge interest at an equivalent rate of 12% per annum chargeable from time to time on late payments plus compensation at £150 per Invoice, in addition to the terms under the Late payment of Commercial debts Interest Act.
We do not accept any liability for services or information provided by any third parties instructed by us on your behalf in respect of your matters.
Once the instruction is received, the landlord must not accept any cheques or promises of payment from the tenant.
The landlord must not issue any other proceedings regarding this debt whilst the CRAR process is underway.
If the landlord agrees to installments from the tenant the enforcement agent will be entitled to his fees first and if the enforcement agent is required to collect the said installments over a period in excess of 60 days then a fee will be charged to the landlord of 5% of each installment collected.
If the Landlord instructs the enforcement agent to remove goods the enforcement agent will be entitled to apply any funds raised against his fees first.

Trespasser and Squatter eviction

On your behalf and acting as your agent we will instruct our lawyers* prepare all the necessary court papers and ensure that the papers are issued in the correct county court and that the issued papers are correctly served on the trespassers/squatters. Our fixed fee also includes the court issue fee which we will ensure is paid to the court on your behalf on issue of the papers. We will liaise with the court and deal with all the court papers ensuring that the matter is listed for a hearing adhering to the appropriate civil procedure rules. We will prepare all necessary witness statements and will make arrangements to attend the first hearing on your behalf. Possession of a property involves a hearing in front of a District (or sometimes a Deputy or sometimes a Circuit) Judge where evidence is given either by way of witness statement given in your name or by oral evidence by you on oath. The possession hearing will normally be listed to last for 5-10 minutes. Ordinarily this hearing will take place within 2 weeks of the court receiving and issuing the action. It is important to note that some courts can list hearings several weeks after issue depending on how bust they are. This is entirely at the courts discretion and is totally out of the hands of London Tenant Evictions. It is important that you attend this hearing. The fixed fee service assumes that the matter will not be defended. In the event that the matter becomes defended we shall notify you of the same and take your further instructions. You should refer to our terms and conditions for defended actions for details of our fees should the matter become defended. Upon securing a possession order London Tenant Evictions, with your instruction and payment, will appoint a county court bailiff or to attend your land/property. London Tenant Evictions will request the appropriate warrant for a bailiff within 24 working hours of receipt of your further instruction. The county court bailiff will then set a date in the future when they will attend the land/property to physically evict the trespassers/squatters. It can sometimes take several weeks from the date the county court bailiff is instructed before the actual eviction takes place. Depending on a client’s specific circumstances, it might be more appropriate to instruct a High Court Sheriff Officer to enforce the court order and attend the eviction as they can generally carry out the eviction within a matter of days rather than weeks. The instruction of a High Court Sheriff Officer is not included in our fixed fee service. We recommend that you call us to discuss this possibility before you book our service. London Tenant Evictions will happily discuss with you whether this is appropriate in your particular case. If a High Court Sheriff Officer is requested to attend your property they will charge an extra fee. This fee will have to be met by you. If the matter is defended please see our section below headed ‘Defended trespasser/squatter cases’.
Your continuing instructions will amount to your acceptance of these terms and conditions.

Defended trespasser/squatter cases

If the tenant/defendant raises a defence the judge is likely to issue directions (which will include a court set timetable for the parties to follow) for the resolution of the dispute and set the matter down for a further hearing at some later date when there will be more time available. Defended cases are not covered by our fixed fee service. Further work and preparation will then be necessary, the extent of which will depend upon the tenant’s defence and/or counterclaim. At your further instruction we shall instruct our solicitors to review the defence/counterclaim and they will provide a fee quote for dealing with the defence and for taking the matter forward.

Rent Arrears

London Tenant Evictions will instruct their appointed solicitors to prepare a single letter before action to be sent to your tenant. The content of the letter will be based on the information which you supply and no assumptions will be made by London Tenant Evictions or their appointed solicitors in respect of any of the information which you provide. This is not an advice service. This service assumes that your tenant will not contest the information which you have provided. Should your tenant contest the matter London Tenant Evictions and or its appointed solicitors will not respond to the same without your further instruction for which there will be an additional fee payable. The additional fee will be based on the time spent, however this can be agreed with you prior to any further work being carried out.

Rent arrears claim

Before considering pursuing a claim for rent arrears, London Tenant Evictions will need to see the original or a true copy of the tenancy agreement. London Tenant Evictions and/or its solicitors reserves the right to claim all legal costs from the tenant, these will be significantly higher than our fixed fee charge for this service.

Payment of fees

We do not normally accept payments in cash in any form from anyone or organisation. We accept payment by our secure online website payment system by an authorised debit/credit card, or where agreed in advance by cheque. Payment online by you is deemed as authority for the payment for the completion of your specific service.
Payment of fees in relation to Defended actions are strictly on the basis of 7 days from receipt of our invoice.
Your continuing instructions will amount to your acceptance of these terms and conditions.

Cancellation of instruction

London Tenant Evictions will endeavour to commence your instructions within 48 hours of receipt of payment and relevant documentation. You have a right to cancel your instruction within 7 days of making payment. However, if work has already commenced on your case your right to cancel will end and you will remain liable for all costs to date. To cancel your instruction please write to London Tenant Evictions at the contact address found on the ‘contact us’ page of the website.
Your continuing instructions will amount to your acceptance of these terms and conditions.

General

The information conveyed on London Tenant Evictions website is intended to convey general information only. The contents of the website are not aimed at any person, individual or organisation specifically and nothing contained within it constitutes an offer to contract. All court advocates we use are regulated by the Solicitors Regulation Authority or the Bar Council. London Tenant Evictions are not Solicitors nor do they purport to be. London Tenant Evictions reserve the right to cancel, withdraw or change its services at any time. If you terminate your instructions or we stop acting for you with good reason, you will still have to pay our charges and expenses up to the date that we cease acting, including costs for removing our name our solicitors name from the court record if court proceedings are involved and transferring our files to you or another advisor. Your continuing instructions will amount to your acceptance of these terms and conditions.

Retention of documents

Original signed copies of documents created by London Tenant Evictions on behalf of a client remain the sole property of London Tenant Evictions. Copies are not distributed to clients. If a client requests such documents London Tenant Evictions reserves the right to refuse such a request or levy a charge of £55 per copy original signed document.

Our charges and 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 £75 will be levied. London Tenant Evictions reserves the right to charge interest on unpaid fees after 30 days of the issue of invoice or demand, in addition to which all costs in relation to any debt recovery process in relation to late or unpaid invoices will be charged.

Complaints Procedure

London Tenant Evictions are committed to providing you with the very highest quality service. We ensure that procedures are consistently followed by all members of the organisation and we are consistently looking to improve the quality of our service. If however, you have any queries or concerns about our work for you it is important to raise them immediately in writing (we do not accept complaints made by email) 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 endeavour to respond to it in writing within 28 days of receipt. We will attempt to resolve problems that arise with our services 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 London Tenant Evictions 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 London Tenant Evictions 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 us.
Your continuing instructions will amount to your acceptance of these terms and conditions.

Contractual obligation

All services provided by London Tenant Evictions on this website and requested by an individual or organisation will only form a binding agreement upon confirmation by London Tenant Evictions. Such confirmation may take the form of an email, fax, or postal correspondence. That you understand and that you agree to indemnify London Tenant Evictions against any liabilities or loss incurred as a result of them acting on your behalf based on the information you have supplied. 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 London Tenant Evictions to proceed in your required service and agree to compensate London Tenant Evictions against any liabilities incurred by them in acting for you.
Your continuing instructions will amount to your acceptance of these terms and conditions.

Terms and conditions

Payment by you for any of the services offered by London Tenant Evictions 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 London Tenant Evictions 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.
London Tenant Evictions reserves all rights to amend and change its terms and conditions without notice.