1. No material supplied by us at any time or
material from this website or any other website operated,
licensed, owned, or controlled by us may be republished,
reproduced, copied, uploaded, transmitted, or distributed in any
way, save for your own personal, non-commercial use. We make no
representation that anything contained are appropriate or
available for use in particular outside of England. This website
and any assistance / information / advice we provide are not
meant to describe or give a full interpretation of the law; only
the courts can do that. Nor does it cover every case. If you are
in any doubt about your rights and duties then seek specific
advice. We are unable to guarantee the outcome of serving an
Initial Notice of Claim upon the Landlord or any subsequent
application to The Leasehold Valuation Tribunal that may
separately be made either by us or by you or your client at a
later date.
2. Whilst we use reasonable efforts to include accurate and up to
date information we make no warranties or representations
thereto. Legislation is regularly changing and or being amended.
No responsibility can be accepted by us for any omission or
error relative to any Notices that you or your client prepare &
or serve no matter how such error or omission arose and you
hereby agree not to rely on any of the information contained
herein or provided. Under no circumstances, shall we be liable
for your reliance on any such information nor shall we be liable
for any direct, indirect, consequential damages that result from
the use of, or the inability to use, this & any other material
provided.
3. We reserve the right to refuse to act for any individual / body
should we so wish and will not be obliged to provide any reasons
or explanations for so doing. We also reserve the rights to
alter or delete material at any time and may, at any time,
revise the terms of this Agreement by updating this website. You
are bound by any such revision and should therefore frequently
visit this section to check the terms of Agreement. By viewing
and or using this / these website(s) as you signify your
agreement & acceptance to these terms. If you do not agree to
please do not use this / these website(s).
4.
Where we have specifically confirmed fees in writing to you
following which there is then a revision of fees, then the terms
stated to you will continue to apply for 1 month following our
letter even if there has been an increase since that time.
However, should you not have instructed us within the 1 month
period stated and our fees are reviewed then we reserve the
right to increase our fees in line with the current charges
although it is of course entirely up to you whether you accept
such revision.
5. We will only use the information that we collect about you in
accordance with the Data Protection Act. We collect your name,
address, telephone number & e-mail address in order to provide
you with the best possible service & will not contact you in the
future if you ask us not to do so.
6. Where we state that we will make an application to The Leasehold
Valuation Tribunal this solely relates to preparing and
submitting the application
itself for which an additional charge would be made although
this would be specifically agreed with you in advance. It does not cover any fee or charges payable to them or
any associated costs relative to any such application & we will
not attend the hearing. You would be advised to consider having
representation at an LVT hearing, by means of a Valuer /
Surveyor and or possibly a solicitor. Any such representation is
your responsibility to arrange and pay for. Following an
application being made usually Directions will be issued which
will require specific actions to be carried out, including
providing documentation, exchanging same with the Landlord /
their representatives, specialists reports etc. all of which is
solely your responsibility and is excluded from our service /
fees unless otherwise specifically agreed with you in writing
beforehand. Any application to a Court for a Vesting
Order are expressly not included within our fees.
7. Any instruction received cannot be accepted on a time
conditional basis. Therefore we are not responsible in any way
for any loss / losses you may incur or the resulting increase in
premium or value thereof, either directly or indirectly as a
result of any Notice not being served or received by a specific
date.
8. Unless otherwise specifically requested it is our normal
procedure to serve all Notices by first class post with a
Certificate of Posting.
9. Where the fees quoted include the formation and incorporation of
a Company (be that RTM or otherwise) are on the strict
understanding that all and any lessees are capable of being
admitted as a member / shareholder thereof & we cannot be held
responsible if either this is not possible or for any additional
charges made due to adjustments required to Memorandum &
Articles of Association to vary them to adapt to specific
unusual circumstances. Should a flat sell, where the owner is a
Member of the RTM Company, prior to the Notice of Claim having
been served then an additional charge of at least £200 + VAT
would apply in respect of our charges to prepare the paperwork
in respect of the admission of the new flat owner. Furthermore
the Notice of Claim cannot be served whilst the previous flat
owner is a Member of the RTM Company and we rely upon our
instructing officer / RTM Company to notify us in the event of
any such changes to the ownership of any of the flats in a
timely manner.
10.
It is considered that these terms & conditions are accepted,
together with any others that may be on any correspondence /
forms that are sent to you upon you returning a completed form
instructing us with any matter regardless as to whether that
form has been physically signed or not.
11.
Whilst we will always try to be as accommodating as possible,
should any matter be significantly delayed by the client for any
period of more than 3 months then we reserve the right not to be
obliged to proceed or liable to proceed any further without any
responsibility or liability to return any fees. Where we are
prepared to continue the process then further fees may apply
than those initially agreed.
12. It is a condition of our terms that prior to you signing or
approving any Notice prepared by us that you have thoroughly
read and understood the CD Rom provided to you by us as this
contains important information and that you thoroughly check &
satisfy yourself as to the accuracy & content in all respects of
any Notice(s) and associated documentation prepared which will
be provided to you for you to approve and it is an explicit
condition of our appointment that your approval thereof removes
any liability or responsibility upon us in all & any respect for
any error contained, detailed, missing or otherwise therein and
your appointment for us to act on your behalf is conditional
upon acceptance & agreement to these terms.
13. If you have any questions/comments about privacy, you should
e-mail us at the address provided in the 'contact us' section of
this website. This site, is owned and operated by 'The Leasehold Advice Centre', a
trading name of 'Bazin Estate Agents' which may be referred to
as "The Company", "The Leasehold Advice Centre" "we," "us," or
"our". We would also like to make it clear that we are not
connected, in any way, with 'The Leasehold Advisory Service'
otherwise known as 'LEASE'.
14. Any material supplied on CD Rom is supplied in a CD-R format. No
responsibility can be accepted if this is not compatible with
your computer & no refunds can be given in this or indeed any
other regard. All and any payments made by to us are not
refundable at any time even if you subsequently decide at any
time not to proceed further with the matter. It is part of our
terms and conditions that anyone instructing us will thoroughly
read & follow the information we supply on CD Rom. This contains
important information about what is to be done following the
service of Notices relative to Lease Extensions, Right To Manage
& Collective Enfranchisement over which strict time limits apply
which, if not followed could invalidate the Claim. It is your
responsibility to ensure that such procedures are correctly
followed after any Notice is served by us. If you wish us to
assist following the service of a Notice we may be prepared to
do so and we would provide you with details as to any fee
payable relative thereto. However, we cannot act without your
instructions and it is your responsibility to contact us within
a reasonable time in order for us to take any appropriate steps
within the appropriate time limits.
15. We may display in a variety of ways selective summarised
comments about our services provided or comments regarding our
website. In so doing we will not give any information such as
full names or addresses from the people who made such comments.
In providing feedback to us you are agreeing to allow us to
display the same in such ways as we consider appropriate and
will raise no objection relative thereto. Any comments made are
done so strictly at our discretion.
16. Please note that we do not return copy documents to you so
please ensure anything that is sent to us is not subsequently
then required by you.
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Leasehold Advice Centre - Putting you & your
lease first
