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Terms & Conditions

The Parties

These terms apply to you the client and EHL Conveyancing Limited, 11 St Margaret’s Way, Leicester LE1 3EA.

How to contact us

Our offices are open between 9am and 5pm Monday to Friday.

Who will be dealing with you?

An advisor with the appropriate skill and knowledge will be assigned to you. You will also be given details of the person (where relevant) assisting your advisor. We aim to ensure that at all times you have a point of contact available on your matter.

Starting your matter

A file has been set up and your matter will be proceeding. If for any reason you do not wish us to act for you, we ask that you read the relevant paragraph below on cancellation.

We are required to obtain from you three forms of Identification, photo identification, proof of address and a bank statement dated within 3 months. This banks statement must show the account where funds are being transferred from or to.

Money Laundering

It is a requirement of the CLC (Council of Licenced Conveyancers) that we comply with the money laundering regulations and obtain current ID from all new clients. If you are instructing us on a new matter we would be grateful if you could provide two of the documents (originals) listed below; one will be required from each column.

We also require a copy of a bank statement dated within 3 months. This bank statement must show the account where funds are being transferred from or to.

We do not accept Identification that has been certified by the Post Office.

Evidence of Name Evidence of Address
Current Full Signed Passport Utility Bill issued within course of last 3months (not a mobile phone)
Full, current, UK/EU Photo Driving License Full, current, UK/EU Photo Driving License
Police or other Government Department ID card Current Local Authority Tax Bill
HM Forces ID Card Local Authority rent card or tenancy agreement
Firearms certificate Most recent Bank/Building Society /Credit Card statement
State Pension or Benefits Book / notification letter State Pension or Benefits Book / notification letter
Sub-Contractors Certificate Most recent Mortgage Statement
Inland Revenue Tax Notification Solicitor letter confirming completion of house purchase or land registration

Confidentiality in relation to money laundering

We are under a professional and legal obligation to keep the affairs of clients confidential. However, recent legislation on money laundering and terrorist financing has placed law firms under a legal duty in certain circumstances to disclose information to the National Crime Agency. Where a legal advisor knows or suspects that a transaction on behalf of a client involves money laundering, the legal advisor may be required to make a money laundering disclosure. If this happens, we may not be able to inform you that a disclosure has been made or of the reasons for it because the law prohibits “tipping-off”.

Up front payment

The payment required upfront to start your matter is detailed in the letter at the beginning of this pack. Unless stated otherwise in your letter this is £350.

Details of how we charge are set out in this guide together with any additional charges that may apply to your matter.

Bank details and receiving money

Please note at no point will we advise of any changes to our bank details by email. Any changes to the bank details provided in these instruction forms will be provided in writing by post or by your advisor on the telephone. If you receive an email giving different bank details for our firm please do not take any action and notify your advisor immediately. We do not accept responsibility for any loss or delay resulting from our bank’s decision to withhold funds for the purposes of additional or random fraud checks. 

Providing further instructions

Throughout your matter we will request further instructions on how you wish to proceed. Our preference is to use email where possible due to its instant nature. We will therefore require an email account from you if you have one. Please be aware that additional costs may apply where we are unable to use an email account if this results in an increase in time spent on your matter.

There will of course be some aspects of your matter where we need to speak to you over the phone. This may be due to the complexity of the matters to be discussed or to enable us to answer any questions or queries you may have immediately. In all cases we will endeavour to make sure your instructions are confirmed in writing.

Please note that we are not permitted to accept instructions from any party other than you our client unless you authorise us otherwise. Where you are happy for a third party to provide instructions to us and for us to disclose information to that third party we will require you written confirmation of this. In the case of a company we will only take instructions from the directors of that company unless you state otherwise or in previous dealings with the company we have taken instructions from a party that is not a director and the directors have consented to that person giving instructions.

Scope of instructions 

Our obligation to you in terms of advice is dependent on the scope of your instructions. We are not responsible to you for advice not requested in your confirmed instructions. In addition, if you have other advisors involved in your matter we will not provide alternative advice unless you specifically request that we do so.

How do we charge?

For conveyancing transactions we offer a fixed legal fee which is based on the following assumption:

  • The work carried out will not exceed our estimate of the time required to carry out the work;
  • The information you have supplied to us is accurate at the time we agreed a fixed fee with you.

Please note that a significant discount is provided against the likely time costs incurred. This discount is based on our assessment of capacity and ability to deliver the service for the fixed cost. It is therefore only achievable provided that the additional work carried out is not excessive. The discount is subject to the following:

  • Where time costs on a matter exceed 150% of the fixed price we reserve the right to apply the additional costs;
  • Where we are required to undertake additional work beyond the scope of the instruction, or incur further time costs to investigate a matter where we are found not to be materially at fault (either by our own investigation or that of a third party) we reserve the right to apply the additional costs incurred on that matter.

You will be notified of any additional costs.

Where you receive a fixed quote and the matter does not proceed you will be charged a fee based on the work undertaken to date. Due to the nature of the discount please note this will not necessarily reflect the stage at which the matter was abortive.

If there is more than one client in the matter each client is responsible individually for our fees as well as collectively for the whole of our fees.

Other Charges

Postage costs are included within our quotation. However, if we are requested to send a large amount of heavy documentation by post when we are able to provide this information electronically this cost may be passed on to you. Photocopying costs are included within our quotation. However if we are required to copy a large amount of documentation over and above normal amounts this cost may be passed on to you.

The following fees may become applicable during the course of the transaction (if not already included within the quotation provided). If we become aware any of these fees are applicable we will let you know as soon as possible.

Service Fee VAT TOTAL
Transfer of Equity standard fee £350.00 £70.00 £420.00
Mortgage Fee, per offer £75.00 £15.00 £90.00
Leasehold property £150.00 £30.00 £180.00
Shared Ownership £150.00 £30.00 £180.00
Unregistered property £150.00 £30.00 £180.00
Help to Buy Newbuild property £200.00 £40.00 £240.00
Help to Buy ISA £50.00 £10.00 £60.00
Flying Freehold £150.00 £30.00 £180.00
Freehold with management company £75.00 £15.00 £90.00
Newbuild property £150.00 £30.00 £180.00
Gifted deposit £50.00 £10.00 £60.00
Transfer of part £100.00 £20.00 £120.00
Solar Panel £75.00 £15.00 £90.00
Appointment of a New Trustee £75.00 £15.00 £90.00
Notice to Landlord, per notice £75.00 £15.00 £90.00
Verifying identification from a 3rd party £50.00 £10.00 £60.00
Verifying identification from overseas £75.00 £15.00 £90.00
Draft Assured Shorthold Tenancy Agreement £150.00 £30.00 £180.00
Lease extension or approval (Fee May Vary Per Case) to £750.00    
Drafting additional contract for contract race £75.00 £15.00 £90.00
Dealing with a Restriction(s) in the title, per restriction £75.00 £15.00 £90.00
Removal of a Registered Caution(s), per caution £75.00 £15.00 £90.00
Statutory Declaration £75.00 £15.00 £90.00
Deed of Postponement £75.00 £15.00 £90.00
Self-Issue Indemnity policy arrangement Fee £50.00 £10.00 £60.00
Bespoke Indemnity policy arrangement Fee £75.00 £15.00 £90.00
Key Undertaking £50.00 £10.00 £60.00
Licence to Occupy £50.00 £10.00 £60.00
Non-standard undertakings £75.00 £15.00 £90.00
Dealing with a Deed of Gift £50.00 £10.00 £60.00
Dealing with Third Party Lawyer £50.00 £10.00 £60.00
Additional I.D. check £12.00 £2.40 £14.40
Credit check £17.50 £3.50 £22.00

Our fees reflect the time properly and reasonably recorded against your matter.

Where we are required to undertake additional work beyond the scope of the instruction, or incur further time costs to investigate a matter where we are found not to be materially at fault (either by our own investigation or that of a third party) we reserve the right to apply the additional costs incurred on that matter. You will be notified of the additional costs. Where you receive a fixed quote and the matter does not proceed you will be charged a fee based on the work undertaken to date. Due to the nature of the discount please note this will not necessarily reflect the stage at which the matter was abortive.

Third Party Costs

We have to pay out various other expenses on behalf of clients such as Land Registry fees.   We have no obligation (unless we have agreed otherwise) to make such payments unless you have provided us with the funds for that purpose. VAT is payable on certain expenses. We refer to such payments generally as “disbursements”. We will require a payment from you up front to meet these costs.

How to pay your bill

Any upfront payment required is detailed in the letter at the start of this pack. Your conveyancer will let you know when any additional payments are required. All remaining fees and payments need to be cleared into our account the day before completion otherwise completion may be delayed.

Payment is required prior to the completion of your matter. We offer a range of payment options to include payment on account, interim billing, debit or credit card.

Late Payment

There is a huge cost involved in chasing and enforcing payment. At all times if you are having difficulty paying your bill we urge you to contact us to discuss payment arrangements. The firm does not want to apply late payment charges however it is necessary that we recoup our costs

Interest Policy

A copy of our interest policy is available on request.

Right of Lien 

The common law entitles us to retain any money, papers or other property belonging to you which property comes into our possession pending payments of our costs whether or not the property is acquired in connection with the matter for which the costs were incurred. This is known as “general lien”. We are not entitled to sell property held under a lien but we are entitled to hold property, other than money, even if the value of it greatly exceeds the amount due to us in respect of costs.

 Force Majeure

All parties will be released from their respective obligation in the event of national emergency, war, prohibitive governmental regulations or if any other cause beyond the reasonable control of the parties renders the performance of any contract between them impossible and whereupon all money due to either party shall be paid immediately.

Limitation of our liability to you

EHL Conveyancing Ltd carries professional indemnity insurance in accordance with the rules stipulated by the Council of Licence Conveyancers. In the event of a claim for negligence the liability of EHL Conveyancing Ltd to you shall be limited to the sum of £2 million. Our liability to you in any regard shall only apply provided that you have settled all your invoices promptly in accordance with our terms and that you have at all times followed our advice.

Our insurance policy covers advice provided within England and Wales.

Where another advisor is involved in your matter please note that we will not contravene their advice unless specifically requested by you to do so and therefore should you rely on the other advisor’s advice your recourse must be against that advisor if that advice is incorrect.

If you require us to accept a greater liability you should contact us. A fee will be charged for higher liability. A copy of our insurance policy details can be obtained by writing to us at Second Floor, 11 St. Margaret’s Street, Leicester, LE1 3EA.

We shall have no liability to any third party to whom you have communicated or copied any advice or work provided by us.  You agree not to make any claim personally against any of our employees. This does not affect our liability for any acts and omissions of our employees, subject to the above financial limit. We will not be liable for any loss of profit, business, contracts, revenues or anticipated savings or any indirect, special or consequential loss or damages.

Our advice to you is limited to the scope of our instructions agreed with you. We will not advise or take any responsibility for advice beyond the agreed scope of instructions under any circumstances.

Conflict of interest

EHL Conveyancing Ltd, is regulated by the CLC (Council for Licensed Conveyancers) and therefore we must comply with the Conflicts of Interests Code of Conduct.

The Code of Conduct requires you to deliver the following Outcomes:

  • Each Client’s best interests are served; (Outcome 3.1)
  • Clients have the information they need to make informed decisions; (Outcome 3.3)
  • Clients are aware of any limitation or any condition resulting from your relationship with another party. (Outcome 3.5)

It covers all situations where doing the best for you in a matter results in prejudice to another client in the same or related matter.

You are obliged to provide us with all information both at the outset and on an ongoing basis to enable us to assess and advise you as to whether a conflict of interest exists or is likely to arise. A conflict may also occur due to a third party instruction.

Indemnity

You agree to indemnify us in respect of any loss, costs or damages we may suffer resulting from your breach of these terms.

Confidentiality and disclosure

We operate our confidentiality policy in accordance with the Council for Licenced Conveyancers Code of Conduct published by the Council for Licenced Conveyancers and can be found on their website www.clc-uk.org/handbook/the-handbook/. However, in order to maintain confidentiality for both past and present clients, you agree that we shall not be obliged to disclose information to you where to do so would conflict with the duty of confidentiality given to others.

Termination of Engagement

You are entitled at any stage to terminate this contract and/or engagement. You must give written notice to us to terminate setting out the reasons for the termination. We will only terminate our engagement where we have good reason to do so giving you that reason in writing and providing you with reasonable notice.

We will on receiving or giving a notice of termination provide you with a final statement of charges. These charges must be satisfied in full (including any third party costs). Once we have received satisfaction of outstanding charges we will release to you all papers held by us in relation to your matter (excluding documents designated as belonging to the firm such as internal memos etc.) to an address nominated by you. Please note that where the cost of delivery will exceed £5 we will require payment before releasing those papers.

Client Feedback

We value client feedback and contact a number of clients each month to ask for any comments you may have on our service. If you have any points you think we do well, or perhaps that we are not so good at, then please do let us know as we are constantly working on improving our client service.

Our Client Services Team may contact you in order for us to carry out our Client Satisfaction Surveys.

Service and Costs Issues

If for any reason you are unhappy with the level of service you receive from us or you are unhappy with your costs please do tell us. We work hard to ensure that our service to you is exceptional; however we accept that on occasion we may not have got it right. If you speak initially with your main point of contact he or she will seek to resolve the issue. If you are unhappy with the resolution or would prefer to do so at the outset please contact our Resolution Team setting out your concerns in writing. The firm policy is to respond to all complaints within 4weeks of receipt of your written complaint. Our email address is Resolution@ehlgroup.co.uk

As this firm is regulated by the Council for Licenced Conveyancers you may have the right should you not be happy with our response to refer your complaint to the Legal Ombudsman details for which can be found at www.legalombudsman.org.uk

You may also have the right to apply for a grant from the CLC Compensation Fund, details of which can be found at www.clc-uk.org/consumers/compensation

File Storage and File Closure Policy

We will keep our file of papers (except for any of your papers which you ask to be returned to you) for no more than six years, and we retain the file on the understanding that we have your authority to destroy it six years after the date of the final bill. We will not destroy documents you ask us to keep in safe custody or original documents. Please note that no charge is currently made by the firm for storage of files and wills. Where we have sent you copy documents or original documents please note that we give no guarantee that we will retain an original or a copy of the original. It is your responsibility to retain your own copies of original documents.

We shall have no liability to any third party to whom you have communicated or copied any advice or work provided by us. You agree not to make any claim personally against any of our employees. This does not affect our liability for any acts and omissions of our employees, subject to the above financial limit. We will not be liable for any loss of profit, business, contracts, revenues or anticipated savings or any indirect, special or consequential loss or damages. Our advice to you is limited to the scope of our instructions agreed with you. We will not advise or take any responsibility for advice beyond the agreed scope of instructions under any circumstances.

If a charge for storage is applicable this will have been included within your quotation.

To ensure that our business operates as quickly as possible for you, we use our own funds to order search fees for you. This is why we ask for money on account, to enable us to pay these invoices which are then recharged individually to your file. Due to the volume of transactions, this is a significant administrative task. To keep costs down, if your file is completed and scheduled for archive before all such charges have been allocated to your file we reserve the right to instead raise a VAT inclusive invoice for the small balance still held on your account in order that the file may be archived and placed into safe storage.

For the avoidance of doubt, this will only be charged should there be a small balance held after completion and reflects that there is sometimes a delay before our firm is invoiced for search fees incurred on our clients’ behalf. Should there be any balances in excess of £50, your file would instead be kept open until such time as all disbursements and search fees have been individually allocated. This is not an additional cost to you, as all monies will have been accounted for within the completion statement sent to you prior to completion. However, it may mean that your file, should it be retrieved from archive in the future, may show a small invoice on closure rather than a specific search fee. It does not impact on the validity of the search in any way; this has been properly dealt with for you and the firm will have paid the search fee cost.

Your Right to Cancel

If on receiving these terms you have decided that you do not wish us to carry out any further work on your behalf you have the right to cancel by completing the cancellation form attached and returning it to us within 14 days of the date of receipt of these terms (or your instructions to us by telephone, or email) whichever is the later. Please note that where you provide notice of cancellation in accordance with this clause a charge will be applied where you have specifically asked us to carry out work on your behalf in the 14 day period or we have incurred a third party cost on your behalf and you specifically requested that we do so. Where we have collected third party costs from you upfront and you have not requested this be utilised within the 14 day period they will be refunded to you together with any money on account that we hold not subject to any charges

 

 

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