Terms and Conditions
Step 1, Service of Notice –
We will prepare and serve either a section 8 notice or a section 21 notice or both or a notice to Quit 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 Step 2 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. We will simply prepare whichever notice you have specifically requested us to do so and it will be prepared strictly on the basis of the information which you have provided us with. LeBern Ltd. will not be held liable should the notice be deemed invalid by any reason of reliance on incorrect information provided by you. In the event that your claim becomes defended our fixed fee service will no longer apply.
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 & conditions.
Step 2, Court Proceedings –
We will instruct our lawyers to prepare all the necessary court papers in order to commence the property possession claim 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 Step 2 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. If you need advice in relation to which notice is the most appropriate upon your specific matter facts then an extra fee will be payable in respect of that advice. We will liaise with the court and deal with all the court papers. We will arrange to prepare all necessary witness statements, additional fees may apply and we will make arrangements to attend the first hearing on your behalf.
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. Unless we are seeking possession on an expired Section 21 Notice in isolation through either the traditional or accelerated procedure you should obtain an order for a fixed contribution towards your legal costs up to a maximum of £276.75.
Regardless of the possession order we are seeking, any contribution awarded by the court is unlikely to match the total you have expended. Our Step 2 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 may be 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. LeBern Ltd. 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 step 2 of the eviction process. If you are relying on rent arrears grounds you should ensure that the arrears of rent you are claiming are genuine and fully accounted for. Errors concerning 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 claims’.
By instructing LeBern Ltd. you hereby agree and consent to LeBern Ltd. acting for the purpose of instructing other lawyers if necessary on your behalf and liaising with them in respect of all matters relating to your case. You hereby agree, consent and authorise other lawyers to liaise, pass, share, and divulge with LeBern Ltd. All information, correspondence and evidence in relation to your case. You hereby authorise LeBern Ltd. to authorise other lawyers to take instructions from LeBern Ltd. on your behalf in relation to all aspects of your claim. You may be charged separately by other lawyers. Your continuing instructions will amount to your acceptance of these terms & conditions.
Fixed fee Accelerated Procedure
On your behalf we will prepare all the necessary court papers in order to commence the property possession claim in the county court strictly in accordance with your instructions. LeBern Ltd. will liaise with the court and ensure that all the court formalities and any further court paperwork is dealt with. 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 5 – 7 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 LeBern Ltd. will require a further payment to attend the hearing. In the alternative the landlord can attend the hearing in person and LeBern Ltd. 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
Rent arrears claim
Before considering pursuing a claim for rent arrears, LeBern Ltd. will need to see the original or a true copy of the tenancy agreement. LeBern Ltd. and/or our solicitors reserves the right to claim all legal costs from the tenant, these maybe be significantly higher than our fixed fee charge for this service
The service that LeBern offers is for non-contentious cases only. Therefore where a defence is filed and further legal work is needed, LeBern and its advising solicitor firms will not act further on your behalf unless fees are agreed in advance. At this stage and with sole discretion, LeBern may decide that external legal advice is appropriate. LeBern will pass all relevant papers to an external law firm who will contact you to discuss the case further and agree fees. In these circumstances LeBern and its advising solicitor firms will not be liable for any costs incurred
Payment of fees
We do not accept payments in cash in any form from anyone or organisation. We accept payment by cheque or debit/credit card and bank transfer. Your continuing instructions will amount to your acceptance of these terms & conditions. Cheques that have been returned unpaid by clients bank will incur another additional £20 to cover bank charges and or our administration fee. Situations in which clients cheque that has been returned unpaid by clients bank we will stop doing any further work. Client will remain liable for the work and or fees which we have paid or carried out. No refunds are eligible for any cancellations made after 72 hours of payment.
TDS Tenant Deposit Scheme
It is the responsibility of all clients to ensure they have complied with the TDS. All clients are reminded that section 21 notices will be deemed invalid should the client not comply with the TDS before serving eviction notices. It is not our responsibility but the client’s responsibility to ensure they have complied with the requirement of the TDS.
Cancellation of instruction
LeBern Ltd. will endeavour to commence your instructions within 48 hours of receipt of your instructions. You have a right to cancel your instruction within 7 days of instructing us. 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 email or fax to LeBern Ltd. at the contact details found on the ‘contact us’ page of this website.
Where LeBern are of the opinion instructions from any client may cause real stress harm or hardship to the tenant (s) LeBern will have an absolute right to withdraw at any stage and in such cases LeBern will refund all money paid by the client
Complaints may be made in writing to the Manager at LeBern at 8th Floor, 6 Mitre Passage, London, SE10 0ER.. A response will be provided within 10 working days
Termination of services
Advice and assessment are without charge. Commencement of services only start once payment has been made.
– If we have been instructed and have drafted and served the notices there will be no refund.
– If we have not served any notices and have been instructed to place the file on hold there will be a full refund.
-If we have been instructed but have not received the required paperwork within 30 days of us requesting them to submit to court and you wish to terminate you will receive the court fee only.
-If we have been instructed for court procedure and submitted the application to court there will be no refund.
-If we have instructed bailiffs on your behalf and submitted the application there will be no refund.
-If an action is unsuccessful due to incorrect information you have supplied you will forfeit your fees.
-Any corrections you want to make to the information you have previously supplied must be made in writing. If we have already used the previously supplied information you may be required to start the entire or part of the process again so forfeit any fees already paid.
-Refunds can take up to 21 days to process.
www.evictingtenants.org is website of LeBern Limited (No. 08643205)
www.evictingtenants.org is a web site which offers free basic legal advice for landlords about Tenant Eviction. It also provides a limited paid legal service to assist landlords. By using LeBern 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 it or its affiliates, or any lawyer or consultant connected with this site 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.evictingtenants.org and their affiliates accept no responsibility directly or indirectly.
Payment by you for any of the services offered by LeBern Limited hereinafter referred to as “us” or “our” is deemed acceptance by you of our terms and conditions.
All services provided by LeBern Ltd. on this website and requested by an individual or organisation will only form a binding agreement upon confirmation by LeBern Ltd. 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 LeBern Ltd. to proceed in your required service and agree to compensate LeBern Ltd. against any liabilities incurred by them in acting for you.
Payment by you for any of the services offered by LeBern Ltd. or our 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 LeBern 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 understood and accept them. Your continuing instructions will amount to your acceptance of these terms & conditions.
The information conveyed on the LeBern Ltd. 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. LeBern Ltd. 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. LeBern Ltd. are not regulated by the Solicitor’s Regulation Authority. They do not call or purport to be solicitors. Your continuing instructions will amount to your acceptance of these terms & conditions.
Although LeBern will use its best endeavors to try and achieve the clients objectives, payment for a service does not guarantee that these objectives will always be reached.
LeBern are not Solicitors, not a solicitors office, nor do they in any way purport to be a solicitors office, nor do they advertise as such
Persons providing information from this site may be a housing consultant, therefore information may be provided by a person who is not a solicitor and will therefore not be part of the solicitor’s indemnity fund. If you require the services of such a solicitor, you should seek to use solicitors from an incorporated practice
LeBern is not a registered incorporated legal practice. Therefore no user of this site will be entitled to indemnity from the solicitor’s indemnity fund, as Regency Law Notices is not underwritten by the solicitor’s compensation fund. Should you wish to use the services of such a solicitor you should contact an incorporated firm of solicitors with the relevant expertise.
Our Tenant Eviction Service and advice is only intended for England and Wales
Our terms and conditions or the use of our web site are subject to change at any time without notice
Use of our web site and services are subject to our own code of practice and complaint procedure
You accept and agree without reservation anything said orally or in an E-mail by LeBern Ltd. 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 LeBern Ltd. 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 LeBern Ltd. 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.