Helpland Limited Terms & Conditions
Payment by you for any of the services offered by Helpland Ltd. hereinafter referred to as “us” or “our” is deemed acceptance by you of our terms and conditions.
Payment by you for any of the services offered by Helpland 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 Helpland 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 understood and accept them. Your continuing instructions will amount to your acceptance of these terms & conditions.
Tenant Eviction Step 1, Serve a 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. Helpland 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.
Tenant Eviction 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 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 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. Helpland 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 Helpland Ltd. you hereby agree and consent to Helpland 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 Helpland Ltd. All information, correspondence and evidence in relation to your case. You hereby authorise Helpland Ltd. to authorise other lawyers to take instructions from Helpland 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. Helpland 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 Helpland Ltd. will require a further payment to attend the hearing. In the alternative the landlord can attend the hearing in person and Helpland 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, Helpland Ltd. will need to see the original or a true copy of the tenancy agreement. Helpland 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.
Defended Claims –The service that Helpland offers is for non-contentious cases only. Therefore where a defence is filed and further legal work is needed, Helpland 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, Helpland may decide that external legal advice is appropriate. Helpland 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 Helpland and its advising solicitor firms will not be liable for any costs incurred.
Conveyancing –The Helpland fixed price conveyancing service is a very cost effective service. The prices quoted include the conveyancing work for standard transactions only. The service includes the legal work to complete your transaction, and a standard set of property searches. To this end, the fixed prices do not include non-standard transactions, stamp duty land tax (SDLT) or any additional searches required. Additional searches may be required if the land is in an unusual area. This may include, but not be limited to, an area that has historically been a mining area, or has been used for salt extraction. If additional searches are required, Helpland and its advising solicitor firms will inform you of the additional cost, and will not proceed further with the transaction unless these costs are agreed. Non-standard transactions would include, but not be limited to complex leasehold transactions and unregistered land transactions. Helpland and its advising solicitor firms have the sole discretion to decide if a transaction is non-standard. If a transaction is deemed to be non-standard, then the fixed price service will not apply, and Helpland will offer you a separate quote for the work. You may accept or decline this quote at your discretion, and Helpland will not proceed unless fees are agreed.
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 – Helpland 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 Helpland Ltd. at the contact details found on the contact us page of this website.
Our Complaints Procedure – Helpland Ltd. are committed to providing you with a quality service. We ensure that our procedure is consistently followed by all of our employees and we are consistently looking to improve the quality of our service. If however, you have any queries or concerns about our work then it is important for you to raise them immediately in writing by E-mail 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 and or complaints 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 Helpland Ltd. 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 Helpland Ltd. 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 & conditions.
Contractual obligation – All services provided by Helpland Ltd. on this website and requested by an individual or organisation will only form a binding agreement upon confirmation by Helpland 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 Helpland Ltd. to proceed in your required service and agree to compensate Helpland Ltd. against any liabilities incurred by them in acting for you.
General – The information conveyed on the Helpland 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. Helpland 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. Helpland Ltd. are not regulated by the Solicitors Regulation Authority. They do not call or purport to be solicitors. Your continuing instructions will amount to your acceptance of these terms & conditions.
Terms and conditions – You accept and agree without reservation anything said orally or in an E-mail by Helpland 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 Helpland 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 Helpland 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.
In order to provide a fixed fee service, we require all emails and calls to us are kept to a reasonable quantity. We will monitor emails and calls to us and add fees on a timely basis for excessive contact by clients. You will be put on notice should this arise.