LANDLORD WEB LTD – TERMS & CONDITIONS
“Landlord Web” is the trading name of Landlord Web Ltd a company registered in England and Wales under Company No: 9745890. We are not a Solicitors practice and as such we are not regulated by the Solicitors Regulation Authority. All cases are dealt with by the case advisers /lawyers allocated to the legal team, from time to time. We will communicate by mainly email and/or by post and/or by telephone, if necessary.
We will respond as soon as possible depending on the urgency of the case. However, you may be able to leave a message when calling. In the first instance please email Info@llweb.co.uk.
This web site (hereafter referred to as the site) is a general service that provides legal information over the Internet and/or via telephone. Our employees are not acting in their capacity as your Solicitor, but they may be employed by us from time to time as Lawyers/Caseworkers/Advisers, having the relevant Legal background/training.
This site does not imply any Solicitor-client relationship. If you are unsure as to whether your particular situation requires the assistance of a Solicitor then, you should consult a Solicitor. Any use of the Site DOES NOT create or constitute a Solicitor-client relationship between Landlord Web Ltd or any employee of or other person associated with Landlord Web Ltd and a user of the site.
We use the data/ information that you provide to us via email and any supporting documents to create your claim. If you provide us with inaccurate and/or lack of information, we are not responsible should the claim fail in court, be struck out or dismissed/delayed, because of this. Therefore it is important that you provide full and accurate details. The landlord must be the owner of the subject property, if not, this may result in the case being struck out/dismissed and costs order being made against you.
In accordance with the provisions of the Housing Act 2004, as amended, the compliance with statutory deposit regulations is currently very complex and easy to get it mixed up and therefore you may be in breach of the regulations. If you have not followed the deposit legislation correctly or provided us with incorrect information about your deposit which is discovered after proceedings are issued then your case may have to be abandoned and restarted once your deposit has been registered. You will be required to pay additional fees to start a new case in such circumstances.
With proceedings under stage 2, Section 8, if a tenant has raised a defence and counter/disrepair issue, the Court may adjourn the case and you will lose time and incur more costs. So before proceedings are issued you must tell us about any disrepair issues that the tenant has raised and we can help you work around possible solutions. In this case you may want to instruct us to issue a Section 21 notice and thereafter to issue accelerated possession proceedings, if you meet the conditions.
Under Section 8 possession proceedings, the way that the notice has been drafted and served is critical to the claim. If the notice is wrong, the claim is likely to fail. The arrears schedule within the Section-8 notice is fundamental; you will need to provide one which is in the usual format.
Where a hearing is listed for a Court hearing, the landlord must attend, or alternatively instruct an agent to attend, with a letter of authority signed by the Landlord. The ac attesting agent must have full knowledge of the tenancy and have all relevant paperwork (such as tenancy agreement and up to date rent arrears schedule) and any other original documents available at the hearing. You or your agent will meet an Advocate if instructed, at Court who will present your case to the Judge.
If you are seeking possession due to rent arrears and the tenant clears or reduces the arrears to below 2 months, before or at the hearing, then it is unlikely that you will get a possession order. As it will be up to the discretion of the Judge.
The usual Court order is a 14 day possession order if the Court grants it together with costs as claimed on the claim form, if granted by the Judge. At the hearing, if the tenant pleads exceptional hardship, the Judge might grant a longer period. We would oppose that on the grounds of the landlord’s hardship.
When a possession order is made and the tenant fails to leave the property by the date as specified in the Court order, you then MUST move on to stage 3 and therefore instruct a Bailiff.
The Bailiff will then issue a Notice of Eviction upon payment of further fees and expenses to carry out the eviction. It can only be a County Court bailiff or a High Court Enforcement Officer.
The landlord or agent must wait for the County Court Bailiff outside at the property at the appointed time. The Bailiff will only approach the property if he can see somebody outside.
The Court also issues a Risk Assessment Form which must be completed.
Sometimes the Court Bailiff may be late. They will contact you in those circumstances. Landlord Web cannot in any circumstances be held responsible for the Bailiff’s failure to attend, or attend on time. On some occasions, tenants may refuse to vacate when a Bailiff attends. Landlord Web cannot be held responsible. If there is likely to be a breach of peace, you should ask the police for help.
As the law differs in each legal jurisdiction and may be interpreted or applied differently depending on your location or situation, the information or use of documents on the Site is not a substitute for the advice of a Solicitor.
Any guarantee on the Site is subject to our Terms and Conditions. For the most part, our Terms and Conditions specify that there is no guarantee or warranty and that we are not responsible for any loss, injury, claim, liability, or damage (damages) related to your use of the Site, whether from errors or omissions in the content of the Site or any other linked sites.
We are not responsible for any damages from the Site being inaccessible to the user and use of the Site is at your own risk.
Acceptance
By using the Landlord Web Material (as defined below) you are deemed to accept the validity of and be bound by the Terms as stated herein without modification.
Landlord Web Material is defined as any legal materials, documents, contracts, software, products, web links, email, information, partial Landlord Web Material or any other materials provided by Landlord Web, the Site or any Landlord Web service in any way.
Restrictions
To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any Landlord Web Material, nor will you allow or assist a third party to do so. The rights granted under these Terms are granted to you only.
If you are an organization, a License or service purchase allows one individual within your organization to exercise the rights granted by these Terms. If multiple individuals within your organization require access, a License or service must be purchased for each individual. The appointed individual may not be changed.
Landlord Web retains the right to prohibit organisations, groups, or individuals from using its websites or Landlord Web Material at its discretion.
Assignment – This agreement cannot be assigned.
Ownership of Intellectual Property
Landlord Web DOES NOT transfer to you title to any copy, or original, of the documents or any other Landlord Web Material. All ownership, copyright and other intellectual property rights to any Landlord Web Material belongs solely to Landlord Web except as expressly licensed in these Terms.
Without reducing or restricting any other remedies that Landlord Web may be entitled to, you agree that to the extent allowable under applicable law any automated system using any Landlord Web Material will be the property of Landlord Web.
Client Privacy
Landlord Web agrees to adhere to its Privacy Policy.
Limited Warranties
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, Landlord Web Material is provided “as is” without any kind of warranty.
You accept full responsibility for determining whether Landlord Web Material is suitable for any particular purpose and for protecting yourself against any possible consequential damages.
Except as expressly provided in these Terms, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of Landlord Web Material, or for inaccessibility of Landlord Web Material whether from errors or omissions in the content of Landlord Web Material or any other linked sites or for any other reason. Use of Landlord Web Material is at your own risk.
Landlord Web does not represent or warrant that Landlord Web Material, its server or any linked sites are free of any harmful materials.
Maximum Liability
Except as expressly provided in these Terms, the maximum liability of Landlord Web is the amount paid to Landlord Web by the customer.
Terms
All of the Terms are valid regardless of the heading. To the maximum extent possible, the Terms take precedence over any conflicting Landlord Web Material.
Indemnification
The user agrees to indemnify and hold Landlord Web, its directors, officers and employees, harmless from any claim, demand, or damage, including legal fees, asserted by any third party due to or arising out of the user’s use of the Site or Landlord Web Material.
Modification to Terms
Landlord Web reserves the right to change the Terms or policies regarding the use of the Site at any time and to notify you by updating the Site. Other terms and conditions are only valid when signed in writing by an authorized Landlord Web Director/Officer
Severability
The invalidity or unenforceability of any provision of these Terms or the Site’s Disclaimer will not affect the validity or enforceability of any other provision of these Terms or the Site’s Disclaimer and such invalid provision will be deemed to be severable.
Waivers
No failure or delay, on the part of Landlord Web, in exercising any right or power under these Terms will operate as a waiver of such right or power.
Governing Law
This Agreement shall be governed by and construed in accordance with the law of England & Wales, and each of the parties submits to the exclusive jurisdiction of the courts of England & Wales.
Information
All information is provided here on a best endeavour basis. We take no responsibility whatsoever for the content, nor for any errors or omissions therein.
Agreement
The use of the Website constitutes your acceptance, without modification, to the terms, conditions and disclaimers contained in this Agreement. If you do not accept these Terms and Conditions you should not use any of the documents or information contained herein and you should leave the Website immediately.
Use of Landlord Web Service
You should ensure that any information supplied by you is correct before proceeding to payment. Landlord Web does not accept responsibility or offer refunds if you provide incorrect information. It is also your responsibility to select the correct governing law where documents are separated into those governed by the law of England and Wales. We cannot be held responsible for any errors made by you in selecting the wrong jurisdiction or entering incorrect information.
Complaints
For complaints about our service or any Landlord Web product please contact us at info@llweb.co.uk. We shall endeavour to acknowledge any complaints received within 2 working days and a full response within 21 days thereafter.
Severance
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
Refund/Cancellation Policy for the Provision of Services
If your order is for the provision of services, please note that you will be unable to cancel once performance of the services has begun.
PRIVICY POLICY
We operate a policy which is intended to protect the privacy of visitors to our website. As such, our policy regarding any information submitted by visitors to our website is as follows
It may be stored and retrieved on our IT systems for the above purposes.
It is private and intended only for use in our relationships and communication with you.
The information will not be provided to any third party except where this is required for the above purposes.
GDPR POLICY
The Landlord and the Tenant Acknowledge and, We, Landlord Web Ltd, hereby gives notice that we may collect some or all of the following personal data. This may vary according to your relationship with us: –
Full name, date of birth, address, email addresses, telephone numbers, business name, job title, profession, employment status, bank details, national insurance number, nationality, forms of identification.
Under the GDPR 2018, we (Landlord Web Ltd) must always have a lawful and legitimate basis for using personal data. This may be because the data is necessary for the performance of a contract with you. You have consented to the use of your personal data and because it is in legitimate business interests to use it. Your personal data will be used for following purposes:
- Referencing the Landlord and the Tenant and Right to Rent Checks.
- Communicating with you on matters relating to the tenancy. This may include responding to emails, letters, texts or phone calls from you.
- Supplying you with information by email, post, telephone or text. You may contact us at any time by contacting us at info@llweb.co.uk.
Information provided by you may be shared with the Landlord and/other Agents, credit and referencing agencies, Local Authorities, utility and water companies, Police, tracing agents, our legal representatives, solicitors, and mortgage lenders, maintenance contractors, utility switch over companies, chartered surveyors, estate agents etc.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
We will not keep your personal data for any longer than is necessary in light of the reason(s) or which it was first collected. Your personal data will therefore be kept for 7 years.