Litigation & Dispute Services

Litigation & Dispute Services

Litigation & disputes is a difficult area of law, and can often cause a huge amount of upset and stress. At David Lee Solicitors we are dedicated to helping, guiding, and supporting you to resolve disputes as efficiently as possible, with a minimum of fuss.

We have experience in dealing with both commercial and private disputes, and believe that effectively managing a dispute at the outset can avoid costly litigation. Where possible we undertake our own advocacy.

We can advise on a number of disputed matters including:

  • Disputed invoices
  • Contractual disputes
  • Land and building disputes
  • We also handle Landlord & Tenant problems
Landlord & tenant

As a landlord you need the correct tenancy agreement in place from the start. You need to protect your property and yourself from financial and legal repercussions if your tenants cause problems. Alternatively, you may have a problem with squatters. There are a variety of solutions to these issues, which we will be more than happy to discuss with you.

Tenants also need to protect themselves and ensure that the contract they are offered is fair. If you are a tenant, you may already be in a contract and facing problems with a difficult or unreasonable landlord. Alternatively, legal action could be being taken against you, leaving you unsure which way to turn.

Whether you are a landlord or a tenant, David Lee Solicitors can help you.

There are a number of different options for landlord and tenant agreements:

  • Assured shorthold tenancies
  • Residential long leases
  • Commercial or business property leases

As a landlord you need the correct tenancy agreement in place from the start. You need to protect your property and yourself from financial and legal repercussions if your tenants cause problems. Alternatively, you may have a problem with squatters. There are a variety of solutions to these issues, which we will be more than happy to discuss with you.

Tenants also need to protect themselves and ensure that the contract they are offered is fair. If you are a tenant, you may already be in a contract and facing problems with a difficult or unreasonable landlord. Alternatively, legal action could be being taken against you, leaving you unsure which way to turn.

Whether you are a landlord or a tenant, David Lee Solicitors can help you.

There are a number of different options for landlord and tenant agreements:

  • Assured shorthold tenancies
  • Residential long leases
  • Commercial or business property leases

Shorthold Tenancy Agreements:

 Our Litigation team are able to prepare basic assured shorthold tenancy agreements from £250 plus VAT.

These fees below apply if the tenancy is let on an assured shorthold tenancy (AST).  There are some actions that will require additional works and we will provide you with a revised cost estimate if necessary.

Section 21 Notices

 A section 21 notice is sent to tenants in order to bring the tenancy agreement to an end. There does not need to have been a breach but a tenancy agreement cannot be brought to an end this way before the expiry of the fixed term of the tenancy agreement. The wording of the notice that should be sent varies dependent on whether the notice is being sent during the fixed term of the tenancy agreement or after (when the tenancy agreement will have become a ‘periodic tenancy’) and will give two months’ notice to the tenants to leave.

Once the time period given in the section 21 notice has expired, and if the tenants have not left, the landlord can apply to the court for a possession order which a judge must make.

When enforcing a section 21 notice through the courts, a landlord can opt for one of two court procedures, the accelerated possession procedure or a standard claim for possession

The Accelerated Possession Procedure

An application for possession is made to the court. No court hearing is involved unless the tenants dispute the claim, or the Judge finds an error in the paperwork. There is, generally, no defence available to the tenants if the paperwork is in order but tenants can ask the court for more time to leave the property up to a maximum of forty-two days.

This is a quicker procedure for recovering possession, however, it is not possible to claim for rent arrears or any other sums owed. A certain amount of legal costs can be recovered.

 The Standard Claim for Possession

An application for possession is made to the court and the claim is listed for a court hearing. At the hearing, the judge can make an order for possession and order that the tenants pay any rent arrears and charges for their occupation until possession is taken.

Serving Section 21 Notice:

This will include sending a notice to the tenant in order to formally bring the tenancy agreement to an end within 2 months. This is usually all that is needed to make the tenant take action.

Fees: £150 + vat

Section 21 Proceedings:

After 2 months have passed from serving the section 21 notice and the tenancy has been brought to an end, court proceedings can be brought to obtain a possession order. These are known as ‘accelerated possession proceedings’ and should only be used where the only thing sought is a possession order.

This service includes the claim form being prepared and sent to the court and a possession order being sought.

Fees £800 + vat and court fees of £355.00 (no vat)

Serving Section 8 Notice

This will include serving a notice to a tenant in breach of the tenancy agreement, normally rent arrears, giving the tenant 14 days to make good on the breach. Often this is all that is needed.

Fees £150+ vat

Section 8 Proceedings:

This will include preparation of the Claim Form to obtain a possession order and an order that the tenant pays any outstanding arrears,  filing with the Court, preparation for hearing and representation at the hearing (after 14 days has expired after serving the section 8 notice).

Price: £900 inc. VAT and court fees of £355.00 (no vat)

For additional works our charges will be based on an hourly rate as follows:-

David Lee Solicitor – £233.00 per hour

Saher Iqbal Solicitor – £180 per hour

Diana Crone Paralegal –  £123.00 per hour

Martin Large Trainee Legal Executive – £75.00 per hour

Eva Tite – Paralegal – £75.00 per hour

Debt response

David Lee Solicitors’ Debt Response provides low cost debt recovery from just £15 + VAT to enable you to recover outstanding money owed to you which can often hinder your cash flow and trading. It is a well-known fact that the longer a debt remains unpaid the harder it is to recover.

Whenever payment is not received, we will be at hand to provide a solution that speeds up payment. This will give you peace of mind and allow you to dedicate your time to building your business, rather than chasing outstanding debt.

All fee quotes and estimates will be subject to review depending on the nature of the matter as it progresses. Your matter may be carried out by Solicitors, Members of CILEx, or  other non-legally qualified members of the team, such as Paralegals, or Fee Earners who have  substantial experience in their chosen field but no formal legal qualifications.  Your matter will be supervised by David Lee.

  • David Lee – Senior Solicitor – £233.00 per hour
  • Diana Crone – Paralegal – £123.00 per hour
  • Martin Large – Trainee Legal Executive – £75.00 per hour
  • Eva Tite – Paralegal – £75.00 per hour

Court Claims

These costs apply where your claim is in relation to an unpaid invoice which is not disputed, and enforcement action is not needed. If the other party disputes your claim at any point, we will discuss any further work required and provide you with revised advice about costs if necessary, which could be on a fixed fee (e.g. if a one off letter is required), or an hourly rate if more extensive work is needed.

Anyone wishing to proceed with a claim should note that:

  • The VAT element of our fee cannot be reclaimed from your debtor.
  • Interest and compensation may take the debt into a higher banding, with a higher cost.
  • The costs quoted above are not for matters where enforcement action, such as the bailiff, is needed to collect your debt.

For debt values of up to £100,000.00 – our fee for the work outlined below is estimated from between £500 to £2500 + VAT and disbursements. Disbursements can range from as little as £3.00 to £5,000. Disbursements will attract VAT.

Court fees will be payable dependent on the value of the claim. See the link below. https://www.gov.uk/court-fees-what-they-are

Our fee includes:

  • Taking your instructions and reviewing documentation
  • Undertaking appropriate searches
  • Sending a letter before action
Agency & advocacy

If you have to appear in Court, it is important to have someone with you who not only understands the law, but also knows you and your case. Wherever possible, we undertake our own advocacy. We will be right there in Court with you. If you need an agent solicitor to attend a hearing for you, we specialise in the following areas:

  • Family – including Children Act, Family Law Act, financial orders, annulment and divorce cases
  • Trusts of Land and Appointment of Trustees Act disputes
  • Inheritance Act claims
  • Insolvency matters – statutory demands, petitions, applications and annulments
  • County Court matters – including directions appointments, applications, case management hearings and injunctions

Our local Court is Coventry, but we often travel to Nuneaton, Warwick, Worcester, Dudley, Birmingham and Northampton.

Each fee will be separately negotiated and will be dependant upon the person dealing with matter. A estimate will be based upon:

  • David Lee – Senior Solicitor – £233.00 per hour
  • Diana Crone – Paralegal – £123.00 per hour
  • Martin Large – Trainee Legal Executive – £75.00 per hour
  • Eva Tite – Paralegal – £75.00 per hour

Contact Us

At David Lee Solicitors, we are only ever a phone call or an email away. If you want to make an enquiry concerning potential legal representation, please use the contact form on this site. Alternatively, if you would rather speak to someone in person, you can call us on 01926 852 188

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