Terms and Conditions
Eviction Direct Ltd
Effective from 2021 to present
These Terms and Conditions (“Terms”) govern all services provided by Eviction Direct Ltd (“we”, “us”, “our”) to our clients (“you”, “the client”). By instructing us or purchasing any of our packages, you agree to be bound by these Terms in full.
Our services are offered strictly on the basis of these Terms. No other terms or conditions, whether express or implied, shall apply unless agreed in writing by a director of Eviction Direct Ltd.
Eviction Direct Ltd provides landlord legal and eviction support services, including but not limited to the preparation and service of possession notices, court documentation, and bailiff enforcement requests.
Each of our service packages (Package 1, Package 2, and Package 3 – the Guaranteed Eviction Package) includes specific features and limitations as described on our website or in our service literature.
Services are provided on a fixed-fee basis unless otherwise stated. Court fees and disbursements are always payable by you directly to the relevant authority or court.
Our fixed-fee packages apply only to uncontested cases. Should your matter become contested or defended, you may:
(a) respond to the defence yourself at no additional cost; or
(b) instruct Eviction Direct Ltd to prepare a professional reply to the defence for a fixed fee of £500.
Proof of Work Clause
Work is deemed delivered when any of the following occur:
This protects against false claims of “no service provided”.
You agree to provide all information, evidence, and documentation necessary for us to perform our services accurately.
You confirm that all information and documents supplied are true, complete, and legally compliant.
Any delays or failures resulting from incomplete or inaccurate information are not the responsibility of Eviction Direct Ltd.
The client acknowledges that failure to provide required documents, evidence, or truthful information may prevent us from completing the service, and does not constitute grounds for a refund or chargeback.
Any attempt to retrospectively claim non-delivery when work has been completed will be treated as fraudulent misrepresentation.
The Guaranteed Eviction Package is conditional upon full disclosure of all relevant documentation and compliance with applicable housing legislation, including the Housing Act 1988 and associated statutory requirements.
The guarantee applies only where:
(a) all prescribed legal documents (tenancy agreement, deposit protection certificate, EPC, gas safety certificate, and the How to Rent guide) were properly issued prior to occupation; and
(b) all legal requirements under the Housing Act 1988 and related legislation were fully complied with.
The guarantee becomes void if any required document is missing, defective, or incorrectly issued, or where statutory procedure has not been followed. In such cases, Eviction Direct Ltd will continue to assist through alternate legal means but without any guaranteed outcome.
The guarantee does not apply where the client has withheld or misrepresented key information, where the tenancy or property is non-compliant with housing law, or where the court dismisses or adjourns the claim due to factors outside our control.
Where the guarantee becomes void, Eviction Direct Ltd will still continue to provide service to seek the most effective legal outcome, but no guarantee of eviction can be offered. You will have one opportunity to seek possession at court.
Court fees are always payable separately and are not included under any circumstances.
Court fees are always payable directly by the client.
The standard County Court possession fee is £404 (payable if the tenant fails to vacate after service of the Section 8 or Section 21 notice).
If bailiff enforcement is required, the County Court Bailiff fee is £148, payable directly to the court.
No refunds will be issued once work has commenced, notices have been served, or documents have been prepared.
You are entitled to a 48-hour cooling-off period from the time of payment. After this period:
(a) If work has not begun, a £50 administration fee applies;
(b) If work has commenced, a cancellation fee equal to 50% of the order value applies.
Once any notice, eviction related document, or possession order has been drafted, no refunds are available.
Refunds are not available where a client changes their mind or fails to cooperate with the process.
All payments are final once work has commenced, including but not limited to: reviewing documents, providing advice, preparing notices, drafting possession claims, or opening the client’s file.
The client acknowledges that digital work, consultancy, legal preparation, and document drafting are exempt from cancellation once performed, under Regulation 36(1)(a) of the Consumer Contracts Regulations 2013.
Attempted chargebacks or payment disputes made after work has begun will be treated as a breach of contract.
Where a chargeback is attempted, Eviction Direct Ltd will provide the payment provider with:
If a chargeback is raised without valid legal grounds, the client agrees to:
Eviction Direct Ltd will take legal action against chargebacks deemed malicious, vexatious, or fraudulent in nature.
No refunds are provided where the client changes their mind, becomes unresponsive, refuses to continue the legal process, fails to provide required documents, or acts against legal advice.
By engaging our services, making payment or submitting any form, you acknowledge and agree that once work has commenced, you waive any right to raise a chargeback or payment dispute for services delivered, started, or prepared. This waiver is in accordance with Regulation 36(1)(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Our fixed-fee services apply to uncontested matters only. If a case becomes contested or defended, you may:
(a) respond yourself at no cost; or
(b) instruct Eviction Direct Ltd to respond for a fixed fee of £500.
The most efficient way to work with Eviction Direct Ltd is via email.
Phone support is available exclusively to clients who purchase the Guaranteed Eviction Package. Clients under Packages 1 and 2 are not entitled to phone support.
Phone support may be added as an upgrade if requested.
Eviction Direct Ltd accepts no liability for delays, losses, or costs arising from incomplete or inaccurate client information, changes in legislation, or court processing times.
Our liability is strictly limited to the total amount paid by the client for the specific service.
We are not liable for indirect, consequential, or incidental losses, including loss of rent, time, or opportunity.
We are not liable for any loss arising from a client’s failure to provide accurate documentation, follow legal advice, or cooperate with the eviction process.
We handle all client data in accordance with the UK GDPR and the Data Protection Act 2018.
Information is shared only with courts, legal representatives, and relevant third parties as required to perform our services.
Where instalment payments are permitted, a £50 administration fee applies to set up the schedule.
If payments are missed, all work will be paused until the account is up to date. Payments overdue by more than 14 days incur an additional £50 fee.
When a hearing date is issued, the final payment must be made no later than 14 days before the hearing to allow preparation of the case. Failure to pay will incur a £50 administration fee.
If payment is not made within 7 days of the hearing, no representation will be provided and no refund will be issued.
Chargeback and Non-Payment Clause
Missed payments, chargebacks, or reversed transactions will immediately pause all work.
If a payment is reversed after work has started, the outstanding balance becomes due in full and may be pursued via debt recovery.
If a payment is reversed or disputed after Start of Work, the outstanding balance remains payable. Relevant records may be provided to payment providers. Bad-faith disputes may be pursued as civil debt and reasonable recovery costs may be sought.
By providing payment details and/or making a payment for the Services, you authorise us to charge the same payment method for any sums that become properly due under this Agreement, including outstanding fees, instalments, additional work authorised by you, charges arising from payment reversal, and reasonable recovery costs, provided we give you prior notice and an itemised breakdown. This authority continues until all amounts due are paid. Where an amount is in genuine dispute, we will not process an additional charge unless and until the dispute is resolved.
Clients who fail to respond to correspondence, calls, or emails will be considered non-responsive.
We will monitor the case for 90 days from the last client communication. After 90 days, the case will be closed with no refund.
To reopen a closed case, a £500 administration fee applies.
A client becoming non-responsive does not entitle them to a refund or chargeback. Work carried out up to the point of non-contact remains payable in full.
Eviction Direct Ltd operates a strict zero-tolerance policy toward abusive, threatening, or inappropriate behaviour.
One formal warning will be issued. If the behaviour continues, we may terminate the client relationship immediately, close the case, and withdraw all services with no refund.
This policy is enforced under the Protection from Harassment Act 1997 and the Health and Safety at Work etc. Act 1974. Where necessary, evidence may be provided to police or regulatory authorities.
Fraud Prevention Addition
Abusive behaviour includes, but is not limited to, attempting to obtain services and then raising a false chargeback, dispute, or allegation to avoid payment.
Where such conduct occurs, we reserve the right to terminate services immediately and pursue recovery of all fees.
Refusing to digitally sign documents that have been correctly prepared and delivered is not acceptable. You may only withhold a signature where you have identified a genuine error and notified us of it in writing via email.
Once a document has been generated and sent to you for signature, you have 7 days to sign it. If you fail to do so, your case will be paused and work will not resume. You will not be entitled to a refund as per the clauses above.
If 30 days pass without signing the document sent to you — including but not limited to a Notice, Possession Order, Rent Schedule, or any other document — your case will be closed and a £500 fee will apply to reopen it.
Should you independently negotiate a deal or private arrangement with your tenant — including but not limited to payment arrangements, leaving dates, rent contributions, or any agreement that stops the eviction process — this is done entirely at your own risk.
If you choose not to complete the eviction process that you instructed us to fulfil for you:
Attempting to negotiate privately with the tenant and then requesting a refund, cancellation, or raising a chargeback is considered fraudulent behaviour, because:
This behaviour falls directly under the fraudulent and abusive conduct described in Section 3, Section 6, and Section 13.
Where such behaviour occurs, we reserve the right to:
These Terms are governed by the laws of England and Wales.
Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
By submitting any form, calling us, instructing our services, or making payment, you confirm that you have read, understood, and agreed to these Terms in full.
By checking the T&C’s confirmation box on any form, paying us for services, or receiving work from us you:
• accept these Terms & Conditions
• consent to immediate commencement of work
• waive cancellation rights once work begins
• agree not to raise a chargeback once work has started
Complaints must be submitted via email to info@totaleviction.co.uk.
Include your full name, case reference, and details of the issue. Anonymous or non-email complaints will not be processed.
We will acknowledge complaints within 7 working days and issue a full written response within 28 days.
During the complaints process, all case work may be suspended until the matter is resolved.
GUARANTEED EVICTION PLAN — TERMS OF THE GUARANTEE
To be read alongside our full Terms of Business. In the event of any conflict, these Guarantee Terms take precedence in relation to the guarantee only.
1. The Service
1.1 In consideration of the fixed fee of £2,500 (“the Fee”), we will act on your behalf to pursue possession of the Property through the County Court, including preparing and serving the relevant notice(s), preparing and issuing the possession claim, and instructing a solicitor to attend on your behalf at one (1) substantive possession hearing (“the First Hearing”).
1.2 The Fee does not include the court issue fee (currently £415, and subject to change by HM Courts & Tribunals Service without notice from us), which is payable by you in addition to the Fee at the time the claim is issued.
1.3 “Guaranteed Eviction Plan” and “the Guarantee” are the names given to this service package. References to a “guarantee” in this document, and in any marketing or correspondence describing this package, refer specifically to our commitment under clause 2 to pursue one additional eviction matter without charging further professional fees. They do not constitute, and must not be read as, a guarantee, warranty, or promise that a court will grant possession on any occasion. This clause 1.3 governs the interpretation of the word “guarantee” wherever it appears in connection with this package.
2. The Guarantee
2.1 If, at the First Hearing, a District Judge hears the claim on its merits and declines to make a possession order in your favour, we will bring the case back to court on one further occasion (“the Second Hearing” / “the additional eviction matter”) on the following basis:
(a) no further fee will be charged by us for our work in preparing for and progressing the case to the Second Hearing;
(b) no further fee will be charged for the solicitor’s attendance at the Second Hearing;
(c) the court fee applicable to relisting or progressing the claim (currently £415, or the prevailing HMCTS fee at the relevant time) remains payable by you.
2.2 The Guarantee applies to one (1) additional eviction matter only, and no more. If the Second Hearing does not result in a possession order in your favour, the Guarantee shall be treated as fully performed and discharged by us. No further hearing, relisting, appeal, or further work of any kind is covered by the Guarantee, and any further steps you wish to pursue will be charged at our standard rates, to be agreed with you in advance.
2.3 The guarantee applies only where the First Hearing proceeds as a substantive hearing and the judge actively refuses possession on the merits of the claim. It does not apply where clause 3 (Exclusions) applies.
3. What the Guarantee Does Not Cover (Exclusions)
The guarantee in clause 2 does not apply, and standard fees will be charged for further work, if any of the following apply:
3.1 Adjournments and procedural outcomes. The First Hearing is adjourned, stayed, vacated, or results in case management directions rather than a final decision on possession (for example, to allow for further evidence, disclosure, or a defence to be filed).
3.2 Client-caused defects. Possession is refused, or the claim is struck out or dismissed, because of a defect that existed before we were instructed or that arose from information or documents you provided, including but not limited to:
(a) an invalid, incorrectly served, or out-of-time notice served before our instruction;
(b) failure to protect the tenant’s deposit in accordance with the Housing Act 2004, or failure to serve the prescribed information, at any time during the tenancy. For the avoidance of doubt, if the tenant’s deposit was not properly protected in an authorised scheme (or the prescribed information was not served) at the point the notice relied upon was served, the Guarantee is void from the outset, regardless of the stage at which this comes to light;
(c) failure to provide the tenant with a valid Energy Performance Certificate, current Gas Safety Certificate, or the “How to Rent” guide (as applicable) prior to service of notice;
(d) failure to comply with Right to Rent checks, licensing requirements (including HMO or selective licensing), or any other statutory prerequisite to possession;
(e) inaccurate, incomplete, or misleading information or documentation supplied by you, whether about the tenancy, the tenant, arrears, or the grounds relied upon.
3.3 New or amended defences and counterclaims. The tenant raises a defence, counterclaim, or set-off (including disrepair, unlawful eviction/harassment, discrimination, retaliatory eviction, or a public law/human rights defence) that has genuine merit and requires the claim to be defended, amended, or withdrawn.
3.4 Client default. You fail to provide instructions, documents, or information we reasonably request within the timescale specified, fail to attend a hearing where your attendance is required, or otherwise fail to cooperate, causing the claim to be struck out, dismissed, or adjourned.
3.5 Change of circumstances. The tenant vacates, the tenancy is surrendered, arrears are cleared, or the parties otherwise settle or resolve the matter outside of a court order — in which case the guarantee does not apply as no adverse judicial decision has been made.
3.6 Independent action. You instruct another firm, solicitor, or agent to act in relation to the same possession claim without our knowledge, or take steps that conflict with our conduct of the case.
3.7 Rule or law changes. Possession is refused, or becomes unavailable, as a result of a change in law, statutory guidance, or court practice (including, for example, changes affecting Section 21 or Section 8 grounds) occurring after instruction.
3.8 The guarantee does not cover, and separate fees will apply to: enforcement of any possession order (including warrants of possession, High Court Enforcement, or bailiff fees), any appeal by either party, any claim for rent arrears or damages, or any further hearing beyond the Second Hearing.
3.9 Withholding or misstating material facts. The Guarantee is void, at any stage, if you withhold, omit, or misstate any fact material to the claim, the grounds relied upon, the tenancy, the tenant, or the Property — whether at the outset of instruction or at any point before the Second Hearing. A fact is “material” if it might reasonably have affected our advice, our conduct of the claim, or the court’s decision, whether or not you believed it to be relevant at the time.
4. Documentation and Information Required From You
4.1 Before we accept instructions on the Guaranteed Eviction Plan, and as a condition of the guarantee applying, you must provide us with:
(a) a copy of the signed tenancy agreement and any variations;
(b) evidence of deposit protection (scheme certificate and proof of prescribed information served, where a deposit was taken);
(c) copies of any notice(s) already served on the tenant, with proof of service (e.g. certificate of service, proof of postage, witness evidence);
(d) current Gas Safety Certificate, EPC, and evidence the “How to Rent” guide was provided (where applicable);
(e) evidence of Right to Rent checks carried out;
(f) a full rent statement/arrears schedule (where arrears are relied upon) and details of the ground(s) relied upon;
(g) copies of all correspondence with the tenant relevant to the tenancy, arrears, or the grounds for possession;
(h) confirmation of any licensing requirements applicable to the Property and evidence of compliance.
4.2 You warrant that all documents and information provided to us are true, complete, and accurate, and that you have disclosed all facts that might reasonably affect the claim or our advice, including any counterclaim, complaint, or dispute raised by the tenant.
4.3 If any document required under 4.1 is missing or defective, we may still agree to act, but the guarantee in clause 2 will not apply unless and until the defect is remedied to our satisfaction, and we reserve the right to decline to offer the Guaranteed Eviction Plan and instead act on our standard (non-guaranteed) terms.
4.4 If, after the First Hearing, it comes to light that any information or document you provided was inaccurate, incomplete, or misleading, or that clause 3.2(b) or 3.9 applies, we may treat the guarantee as void and charge our standard fees for any further work, without prejudice to any other rights we may have.
5. Your Obligations
5.1 You must respond to requests for information, instructions, or documents within 5 working days, unless a shorter period is required by a court deadline, in which case you must respond within the time we specify.
5.2 You must notify us immediately of any change in circumstances relevant to the claim, including the tenant vacating, part-payment of arrears, contact from the tenant, or any complaint received.
5.3 Where your attendance at a hearing is required (whether in person or remotely), you must attend, or the guarantee will not apply to that hearing under clause 3.4.
6. Fees and Payment
6.1 The Fee of £2,500 is payable [in advance / on the terms set out in our engagement letter] and is non-refundable once we have served notice or issued proceedings on your behalf, save as set out in our standard Terms of Business.
6.2 Court fees are payable by you directly or reimbursed to us in advance of the relevant filing, and are not included within, or reduced by, the Fee or the guarantee.
6.3 The guarantee relates solely to our professional fee and the solicitor’s attendance fee for the Second Hearing. It does not cap, discount, or guarantee any court fee, disbursement, or third-party cost, all of which remain payable by you regardless of outcome.
7. No Guarantee of Timescale or Outcome Beyond the Second Hearing
7.1 Court listing times, judicial decisions, and case timescales are outside of our control. The guarantee is a guarantee of continued representation without further professional fees up to and including the Second Hearing — it is not a guarantee of any particular timescale, and not a guarantee that possession will ultimately be granted.
7.2 If possession is not granted at the Second Hearing, no further guarantee applies, and any subsequent work (including a further relisted hearing, appeal, or fresh claim) will be charged at our standard rates, to be agreed with you in advance.
8. Our Right to Decline or Withdraw
8.1 We reserve the right to decline to act, or to withdraw from acting, at any stage if we reasonably consider that continuing to act would be improper, would breach our professional obligations, or where you fail to comply with clauses 4 or 5 above. Withdrawal on these grounds does not entitle you to a refund of the Fee already paid for work carried out.
9. Limitation of Liability
9.1 Our total liability to you arising out of or in connection with the Guaranteed Eviction Plan, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, shall not exceed the total Fee paid by you to us under this plan.
9.2 We shall not be liable for any indirect or consequential loss, including but not limited to loss of rent, loss of profit, loss of opportunity, or costs arising from delay in obtaining possession, however caused.
9.3 Nothing in these terms excludes or limits liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited.
9.4 You agree to indemnify us against any loss, cost, expense, or liability we incur as a direct result of any inaccurate, incomplete, or misleading information or document you provide, your breach of clauses 4 or 5, or the operation of clause 3.2(b) or 3.9.
10. Entire Agreement
10.1 These Guarantee Terms, together with our Terms of Business and engagement letter, set out the entire agreement between us regarding the Guaranteed Eviction Plan and supersede any prior oral or written representations, including any marketing material describing the guarantee.
