Eviction Services Terms & Conditions

Eviction Services Terms & Conditions

This Agreement is made between the Owner(s)/Landlord(s) of the property for whom services are provided/paid for, hereinafter to be called “The Owner”, and the Agency named above acting as Agent for the Owner, and hereinafter to be called “The Agent”.

Data Protection & Eviction Services Terms & Conditions
1. Both parties will comply with all applicable requirements of the Data Protection Legislation. This Condition 5 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation. In this Condition 5, Applicable Laws means (for so long as and to the extent that they apply to The Agent) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the Data Protection Legislation from time to time in force in the UK and any other law that applies in the UK.
2. The parties acknowledge that for the purposes of the Data Protection Legislation, the Owner is the controller and The Agent is the processor.
3. Without prejudice to the generality of Condition 5.1, the Owner will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to The Agent for the duration and purposes of the Contract.
4. Without prejudice to the generality of Condition 5.1, The Agent shall, in relation to any personal data processed in connection with the performance by The Agent of its obligations under the Contract:
(a) process that personal data only on the documented written instructions of the Owner unless The Agent is required by Applicable Laws to otherwise process that personal data. Where The Agent is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, The Agent shall promptly notify the Owner of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit The Agent from so notifying the Owner;
(b) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Owner, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
(c) ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential;
(d) not transfer any personal data outside of the European Economic Area unless the prior written consent of the Owner has been obtained and the following 4
conditions are fulfilled: (i) the Owner or The Agent has provided appropriate safeguards in relation to the transfer; (ii) the data subject has enforceable rights and effective legal remedies; (iii) The Agent complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and (iv) The Agent complies with reasonable instructions notified to it in advance by the Owner with respect to the processing of the personal data;
(e) assist the Owner, at the Owner’s cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(f) notify the Owner without undue delay on becoming aware of a personal data breach;
(g) at the written direction of the Owner, delete or return personal data and copies thereof to the Owner on termination of the Contract unless required by Applicable Law to store the personal data; and
(h) maintain complete and accurate records and information to demonstrate its compliance with this Condition 5 and allow for audits by the Owner or the Owner’s designated auditor and immediately inform the Owner if, in the opinion of The Agent, an instruction infringes the Data Protection Legislation.
5. Personal data the subject of processing shall include details relating to the identities, names, contact details and financial information of those owing Debts to the Owner. Such processing shall include the storage of relevant data by The Agent (in accordance with its policies) and its use by The Agent, its employees and representatives to recover such Debts and shall continue during such period as the Services are being provided.
6. The Owner consents to The Agent appointing third party processors of Personal Data under the Contract provided The Agent enters into a written agreement with such party incorporating terms which are substantially similar to those set out in this Condition 5 and which The Agent confirms reflect and will continue to reflect the requirements of the Data Protection Legislation. As between the Owner and The Agent, The Agent shall remain fully liable for all acts or omissions of any third party processor appointed by it pursuant to this Condition 5.
7. If a mortgage exists on the property, the Owner must obtain all necessary consents from the lender(s) to proceed.
8. If the Owner is a leaseholder the terms of the lease must be checked by the owner and all necessary consents to proceed obtained.
9. The Owner is responsible for all legal costs relating to any instruction by the Owner to the Agent for any service(s) provided.
10. Whilst The Agent shall use their best endeavours and judgement in the execution of their service, the Agent shall not under any circumstances be liable for any losses; costs; loss of profits; loss of business; loss of revenue; loss of or damage to property; loss of savings (whether anticipated or otherwise); and/or any indirect, special or consequential loss or damage, as a result of the performance of any service or for any legal costs resulting there from. The Owner agrees to indemnify the agent against all actions at law arising from the Agent accepting and acting on their instruction.
11. This Agreement will remain in force until termination notice in writing is served by one party on the other. It is expressly provided that the Agent may terminate this Agreement without service of notice at their sole discretion in the event of any action or omission by the Owner or the Owner’s representative which frustrates the continued performance of the Agent’s service. However, if work has already commenced on a case the owners will remain liable for all costs to date.
12. OWNERS MUST CHECK ALL DOCUMENTS SENT TO THE AGENT FOR ERRORS AND REPORT ANY SUCH ERRORS TO US IMMEDIATELY. THE ONUS IS ON THE OWNERS TO ENSURE ALL INFORMATION AND DOCUMENTS PROVIDED TO THE AGENT ARE ACCURATE. THE AGENT WILL ACT ON THE INFORMATION AND DOCUMENTS AS THEY ARE PROVIDED.
13. It is the owners responsibility to ensure they have complied with the relevant regulations regarding service of documents and notices to tenants and that any deposit has been dealt with similarly, prior to any instruction to the Agent. Owners accept that failure to do so may result in section 21 and 8 notices being deemed invalid.
14. On your behalf and acting as your agent we will instruct lawyers to attend hearings in the County Court as may be required strictly in accordance with your instructions.
15. The fees (Fees) for the Services which may be set out in a quotation or as per the Tribunals, Courts & Enforcement Act 2007, are on a time and materials basis.
In addition to the agreed Fees, we can recover from you our reasonable expenses including, but not limited to, disbursement costs, such as a) the cost of services provided by third parties and required by us for the performance of the Services, and b) the cost of any materials required for the provision of the Services.
You agree to pay us for any additional services provided that are not specified in the quotation in accordance with our applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
For new clients, you must pay for the service required when requested as detailed in the quotation or invoice within 24 hours or before any services are undertaken.
If you do not pay for the service according to the clause above, we can either withhold provision of the services until the payment is received or terminate our services under the clause below (Termination).
The payment is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).To obtain a refund for any service provided by the Agent, owners must apply in writing within 30 days from the initial date of the instruction to make a claim.
16. The Agent will only refund for services where there was an error or omission made by the Agent. If the error or omission was made due to incorrect information being provided by any other party then no refund will be made.
17. The Agent will, if appropriate, refund only fees paid to the Agent for the specific service provided . As stated above The Agent will not be liable for any other costs or losses for any reason. The Agent reserve the right to terminate the provision of the services immediately if the owner: commits a material breach of your obligations under these Terms and Conditions; or fails to make pay any amount due under the Contract on the due date for payment; or are or becomes or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or convene any meeting of creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of their assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in their respect , a notice of intention to appoint an administrator is given by them or any of their directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding-up or for the granting of an administration order in their respect , or any proceedings are commenced relating to their insolvency or possible insolvency. The Agent reserves the right to use all lawful measures to recoup any unpaid fees or costs, including but not limited to court proceedings.
18. The Agent is not a law firm nor firm of solicitors and nor do they purport to be. However all proceedings submitted to court on the owners behalf are done so by lawyers authorised in accordance with the Legal services Act and regulated by the Law Society or the Solicitors Regulation Authority.
19. Initial fees for Legal representation in court is limited to one hearing, regardless of the outcome of that hearing. Further charges will apply for any subsequent hearings
20. Any third party instructing us or making payment on behalf of the Owner confirm they have received any relevant permission and authority.
21. Payment by the owner for any of the services offered by the Agent is deemed acceptance by them that they have read and understood these terms and conditions and that they fully understand and agree to be bound by them. Alternatively where the owner instructs the agent prior to making payment, receipt of their instruction is deemed acceptance that have read and understood these terms and conditions and that they fully understand and agree to be bound by them.
22. The Agent can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of their rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
The owner must not, without our prior written consent, assign, transfer, charge, subcontract, or deal in any other manner with all or any of their rights or obligations under these Terms and Conditions.
23. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
24. These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts. Conditions and can subcontract
or delegate in any manner any or all of our obligations to any third party.
The owner must not, without our prior written consent, assign, transfer, charge,
subcontract, or deal in any other manner with all or any of their rights or obligations under
these Terms and Conditions.
23. The Contract constitutes the entire agreement between the parties and supersedes and
extinguishes all previous agreements, promises, assurances, warranties, representations
and understandings between them, whether written or oral, relating to its subject matter.
24. These Terms and Conditions are governed by and interpreted according to English law.
All disputes arising under these Terms and Conditions are subject to the exclusive
jurisdiction of the English courts.