- Headline Information
- Eviction Support Group offers a flat-rate service for cases meeting the standard criteria for end of tenancy section 21, section 8, or common law notice to quit matters.
- Your case will be assigned to our Legal Team, comprising solicitors and legal advisers.
- We prioritise email correspondence as it facilitates quick and efficient reviews or updates on your case.
- To initiate the review, drafting, and notice service, we require completion of the instruction form, submission of paperwork, and payment. Subsequently, we aim to complete the review and serve the notice within five working days.
- For possession court claims, we need authorisation to proceed, along with necessary paperwork and payment. Our goal is to review the matter and initiate the claim within five working days.
- Should your case become complex or contested, it may fall outside our standard fixed fees. In such instances, we’ll either offer a new fixed fee for progression or revert to an hourly rate, as detailed in our fixed fees document.
- In cases of initial complexity, we conduct a solicitor check and review to outline available options and our assistance plan.
- Overview
When you engage Eviction Support Group,
(a) Cases are managed by the Legal Team at the Eviction Support Group office.
(b) Different aspects of your case may be handled by various individuals within the Legal Team.
(c) We strive to offer fixed fees for our services, but if the matter is not straightforward or becomes contested, we will inform you and provide our hourly rates along with cost estimates for each step. Your confirmation to proceed on this basis will be required.
(d) Please note that any delay in providing instructions from your end and its consequential impact on your case’s management cannot be attributed to us.
- Client Care
(a) Our team members are held to specific standards, ensuring our clients receive copies of all substantial correspondence.
(b) We aim to respond to emails within 48 working hours.
(c) Should you feel dissatisfied with the service provided, please refer to clause 15 regarding the procedure for addressing dissatisfaction.
- Your Case
(a) Eviction Support Group’s standard eviction service operates on a fixed fee three-step process:
Step 1: Case Review, Drafting & Serving of notice (s.8, s.21, or notice to quit)
Step 2: Drafting and issuing claim through to obtaining a possession order.
Step 3: Regaining possession using a bailiff or high court enforcement officer.
(b) Should you engage Eviction Support Group at Step 1, payment for the advertised Step 1 fee is required in advance. Upon receipt of payment and initial paperwork, we will review your case and provide advice within five working days.
(c) If you engage us at Step 2, the process depends on how Step 1 was undertaken. If Step 1 was completed by Eviction Support Group, confirmation is needed for us to proceed with drafting your claim. If not, we’ll review your notice and paperwork to ensure the claim can be drafted before proceeding. This may incur additional case review fees as advertised in step 1.
(d) Step 3 involves applying for either a county court bailiff or instructing a high court enforcement officer for eviction, provided the Possession Order permits. The fees for these services are as advertised.
(e) If you opt for a Solicitor check and review, an instruction form, paperwork, and payment must be received beforehand. Following the review, we’ll outline the situation and available options. Further assistance, if required, will be provided under our hourly rates.
- Instructions
(a) Timings and key events will be communicated via email.
(b) We primarily communicate via email but may require calls if necessary.
(c) To maintain our fixed fee service, reasonable email correspondence is expected. Excessive contact may incur additional charges.
(d) Accuracy in the information provided, especially on the Information Form, is crucial. Failure to provide accurate details may result in complications and additional costs.
(e) The complexity of deposit legislation underscores the importance of accurate information. Failure to adhere to deposit regulations may necessitate additional fees. (f) Compliance with documentation requirements under the Deregulation Act is essential for serving a s.21 notice.
(g) In Section 8 claims, informing us of any tenant disrepair issues is crucial to avoid potential adjournments and additional costs.
(h) The drafting and service of notices are critical elements in possession proceedings. Any inaccuracies may jeopardise the claim’s success, with potential costs for rectification.
- At Court
(a) Court hearings are typically represented by an advocacy firm, Ashley Taylors Legal Ltd, to ensure cost-effective representation. Additional fees may apply for extended hearings.
(b) Attendance at court hearings is mandatory for either the landlord or managing agent. Failure to attend may necessitate the drafting and service of a witness statement, incurring additional fees.
(c) If you pursue possession due to rent arrears and the tenant settles the arrears before the hearing, obtaining a possession order becomes unlikely. However, if the arrears are reduced to less than two months’ worth, the Judge may grant a postponed possession order (subject to grounds 10 & 11 being included in the Section 8 notice). This allows for a possession order while permitting the tenant to remain if they adhere to agreed-upon terms, such as timely rent payments and clearing the arrears by a specified date. Failure to comply may lead to applying for a bailiff to execute the possession warrant. Although our goal is typically an outright possession order, judicial discretion often favours the tenant in such circumstances.
(d) Following a successful Section 8 claim, possession orders are typically granted in 14 days, with potential variations depending on circumstances.
(e) Options and costs post-possession order will be discussed based on the tenant’s circumstances.
- Eviction
(a) Procedures for tenant eviction involve coordination with bailiffs or high court enforcement officers, with associated fees. A HCEO can only be used if the possession order grants permission to transfer up to the high court. We will always attempt to have this granted.
(b) Completing the Court’s Risk Assessment Form accurately is imperative to avoid cancellation of eviction appointments.
(c) Landlords or agents must be present during eviction appointments, with potential implications for failure to comply.
(d) Contingencies for delays or breaches of peace during evictions are outlined, with procedures for escalation if necessary.
(e) HCEO involvement incurs initial fees, with additional charges for extended services.
- Our Fees
(a) Fixed fees apply to straightforward, undefended cases, with a List of Fixed Fees provided for transparency.
(b) Unforeseen events may necessitate discussions on costs and options beyond fixed fees.
(c) Situations such as tenant responses or defences may incur additional fees, with hourly rates or fixed fees discussed accordingly.
(d) Hourly rates for paralegals & solicitors are outlined based on complexity.
- Payment
All payments should be made to Eviction Support Group via bank transfer or by debit/credit card through payment of an invoice. We do not accept cash. Cash deposits directly to our bank may incur additional charges for verification. Payments made to you will be via cheque or bank transfer, not in cash or to a third party.
- Limit of Liability
Our work is based on the instructions and information you provide. We cannot be held liable for delays or costs arising from incomplete or incorrect information. We maintain professional indemnity insurance, and details are available upon request. Our liability is limited to £1 million per claim, and no benefits under this agreement extend to third parties.
- Confidentiality
Client matters remain confidential, with communications limited to named parties unless concerns of money laundering arise, requiring disclosure to the appropriate authorities.
- Data Protection and GDPR
(a) Client details are stored in our database and may be used for relevant communications.
(b) Eviction Support Group acts as a Data Controller, processing personal data for legal services.
(c) Personal data is shared with relevant parties as necessary for service provision. (d) Personal data retention complies with legal requirements, with provisions for access, correction, and deletion upon request.
(e) Clients have the right to lodge complaints with the Information Commissioner’s Office for any breaches.
(f) Case information is stored in a cloud-based system.
(g) Opt-out options are provided for communications about other relevant products.
- Storage
Files are retained for six years following case completion, with safe destruction after seven years. File retrieval incurs a fee.
- Termination or Variation of Services
(a) Clients may terminate instructions in writing at any time, subject to outstanding fees.
(b) if you decide to terminate an action before we start working on your matter you will receive a full refund subject to a £50 administration fee if we have set up your matter on our case management system.
(c) If you decide to terminate any instruction after we have conducted work on your matter, either in terms of contacting you to request information or documentation, providing a review or drafting notices or claim form then no refund other than fees we have received to pay for disbursements which we have not yet been required to pay for will be refunded.
(d) if you decide to terminate a bailiff attendance or a step 3 after we have applied to court you will receive no refund.
(e) if you decide to do something yourself at court without us, move an existing case to another solicitor or apply for a bailiff without us, you must take us off the record using form N434. If you do not take us off record, we will charge you £495 to cover continued communication and administration.
(f) Client-requested corrections may require restarting the process, forfeiting fees already paid.
(g) Refunds may take up to 28 days to process.
(h) Termination by Eviction Support Group will be for valid reasons, with prior notice provided.
- Dissatisfaction
We aim to always provide a high level of service, however if you have a complaint about our service, please put this in writing and post to the complaints department at the address below in point 17.
- Other Matters
(a) Clarifications on terms can be requested via email.
(b) English law governs disputes arising from these terms.
- Our Details
Eviction Support Group Limited
2nd Floor, Old Bank Chambers
Fore Street
St Marychurch
Torquay
Devon
TQ1 4PR
03330 428277
Registered in England 15267123
