Introduction

These Terms of Business set out the basis upon which Land Utilities Advisory Group Limited provides professional services to its clients.

They should be read in conjunction with the Authority to Act, Letter of Engagement or other written instruction agreed between us (referred to in these terms as the Engagement Agreement). Together, these documents form the contract between us.

Where the Engagement Agreement expressly specifies different terms relating to the scope of our appointment, our fees or payment arrangements, those specific terms shall take precedence over the corresponding provisions of these Terms of Business.

In these terms:

- We, us and our refers to Land Utilities Advisory Group Limited.
- You and your refers to the person, persons or organisation instructing us.
- Network Operator refers to any electricity distribution or transmission company, utility provider, infrastructure operator or other relevant party.
- Property refers to the land or property covered by our appointment.
- Compensation refers to any capital or other monetary payment negotiated in connection with our appointment, excluding separate contributions towards professional or legal costs unless expressly agreed otherwise.
- Services refers to the professional work we have agreed to undertake on your behalf.

1. Our Services

1.1. We provide specialist land rights, compensation and utility infrastructure advisory services.

1.2. Depending on the nature of your instruction, our services may include: 

a) Identifying and investigating utility infrastructure affecting your property.

b) Reviewing existing wayleaves, easements, leases, deeds and other relevant agreements.

c) Assessing potential compensation entitlements, rental values and other commercial considerations. 

d) Negotiating with Network Operators and their appointed representatives. 

e) Negotiating compensation, rents, premiums and commercial terms associated with wayleaves, easements, substation leases, diversions and other utility agreements.

f) Advising on offers received and making recommendations regarding their acceptance.

g) Liaising with solicitors, surveyors and other professionals involved in progressing matters to completion.

h) Undertaking other utility-related professional services expressly agreed with you.

1.3. The precise scope of our appointment will be established in the Engagement Agreement or otherwise confirmed in writing.

1.4. We will carry out our services with reasonable care and skill and act in your interests within the agreed scope of our appointment.

1.5. Our services do not guarantee that compensation will be available, that an agreement will be reached, or that any particular financial outcome will be achieved.

1.6. Where additional services are required outside the agreed scope of our appointment, we will discuss and agree the applicable arrangements before undertaking chargeable work.

2. Your Responsibilities

2.1. You agree to provide accurate and complete information reasonably required for us to carry out our services.

2.2. You must inform us promptly of any relevant changes in circumstances, including changes in ownership, proposed property sales, development proposals, planning applications or communications received directly from a Network Operator.

2.3. You confirm that you own the relevant property or otherwise have the necessary authority to instruct us.

2.4. Where a property is jointly owned, we may require all registered proprietors or other relevant parties to authorise our appointment.

2.5. You agree to cooperate reasonably with us and any appointed professional advisers, including responding to requests for information, providing documentation and completing necessary formalities.

2.6. You should notify us promptly of any direct approach, offer or correspondence from a Network Operator relating to a matter covered by our appointment.

2.7. Where we are instructed to negotiate a particular matter, you agree not to appoint another agent to undertake substantially the same negotiations without first notifying us and addressing the continuation or termination of our appointment.

2.8. Nothing in these terms prevents you from obtaining independent legal or professional advice or exercising any statutory rights.

3. Our Authority

3.1. By accepting the Engagement Agreement, you authorise us to act on your behalf in connection with the matters covered by our appointment.

3.2. This authority includes communicating with Network Operators, their agents and other relevant parties, requesting information, making representations, submitting proposals and negotiating commercial terms.

3.3. We may negotiate and reach provisional agreement on commercial terms on your behalf, subject to your final approval.

3.4. We will not enter into a binding compensation settlement or execute legal documentation on your behalf without your express authority.

3.5. You retain the right to accept or reject any proposed settlement and to decide whether to enter into an associated legal agreement.

3.6. Any offer presented by us will be accompanied by such explanation and recommendations as we consider appropriate to enable you to make an informed decision.

4. Our Fees

4.1. Our fees will be agreed with you at the outset of our appointment and confirmed in the Engagement Agreement.

4.2. Depending on the nature of the instruction, our fees may be calculated on one or more of the following bases:

a) Success Fee

A fee calculated as an agreed percentage of the compensation or financial settlement secured through our services.

Where an instruction is expressly undertaken on a no win, no fee basis, no Success Fee will ordinarily be payable unless a settlement is successfully completed and compensation becomes payable, subject to the provisions concerning termination and subsequent settlements.

The agreed percentage and the basis of calculation will be specified in the Engagement Agreement.

b) Fixed Fee

An agreed fee for defined services or a particular instruction.

The amount and stage at which the fee becomes payable will be specified in the Engagement Agreement. Payment may be linked to agreed milestones, the completion of particular services or another expressly agreed event.

Unless otherwise stated, a Fixed Fee is not conditional upon achieving a particular financial outcome.

c) Hourly Rate

Fees calculated by reference to the time reasonably spent providing the agreed services, at the hourly rates specified in the Engagement Agreement.

Chargeable time may include research, correspondence, telephone calls, meetings, negotiations, preparing reports, reviewing documents, travel time where expressly agreed, and other activities reasonably necessary to fulfil our appointment.

We will maintain appropriate records of time spent and provide a breakdown upon reasonable request.

d) Alternative Arrangements

Where appropriate, we may agree a combination of fee arrangements or another basis of remuneration. Any such arrangement will be confirmed in writing.

4.3. All fees are subject to VAT at the prevailing rate unless expressly stated otherwise.

4.4. We will not charge fees on a basis materially different from that agreed without your prior consent.

4.5. Any estimate of fees or anticipated costs is provided in good faith but is not a fixed quotation unless expressly stated to be one. We will notify you if we anticipate that an estimate will be materially exceeded.

4.6. Where our fee is calculated by reference to compensation, rent or another financial settlement, the Engagement Agreement will determine which payments are included in the calculation.

4.7. Unless expressly agreed otherwise, separate contributions towards legal fees, professional costs or disbursements will not form part of the compensation figure used to calculate a percentage Success Fee.

4.8. Where a matter includes recurring rent, staged compensation or non-monetary consideration, the method of calculating any percentage fee must be agreed before the relevant settlement is accepted.

5. Payment of Fees

5.1. The arrangements for payment of our fees will depend on the nature of the instruction and will be confirmed in the Engagement Agreement.

5.2. Where our fee is payable from compensation received on completion, payment will ordinarily be handled by your appointed solicitor.

5.3. Where you have expressly authorised this arrangement, your solicitor will be instructed to deduct our agreed fee, including VAT, from the settlement funds and remit payment directly to us before distributing the remaining balance to you.

5.4. We will provide an invoice or other appropriate accounting document setting out our fee and any applicable VAT.

5.5. Where compensation is paid directly to you, or our fee is not deducted by your solicitor, you remain responsible for payment of any fee properly due under our agreement.

5.6. Where fees are payable directly by you, we will issue an invoice in accordance with the agreed payment arrangements.

5.7. Unless otherwise agreed in writing, invoices are payable within 14 days of receipt.

5.8. Fixed Fees will be invoiced at the milestones or stages agreed for the instruction.

5.9. Hourly-rate services will ordinarily be invoiced monthly or upon completion of the relevant work, unless otherwise agreed.

5.10. Where compensation is paid in instalments, the timing of payment of any Success Fee will follow the arrangements expressly agreed for that instruction. In the absence of a different written agreement, the Success Fee will be payable proportionately as compensation is received.

5.11. We do not ordinarily receive or hold compensation on behalf of clients. Any alternative arrangement must be separately agreed and comply with applicable legal and professional requirements.

6. Network Contributions and Third-Party Costs

6.1. In some circumstances, a Network Operator or other third party may agree to pay or contribute towards our professional fees, your legal fees or other costs associated with the instruction.

6.2. Such contributions are not guaranteed and may vary according to the nature of the work, the Network Operator and the circumstances of the matter.

6.3. Unless a third party has expressly agreed to meet particular costs, you should not assume that those costs will be paid by the Network Operator.

6.4. Where a third-party contribution is available, we will explain the relevant arrangements and any potential financial liability to you.

6.5. Any contribution received towards our fees will be accounted for in accordance with the agreed fee arrangements. We will not recover the same fee twice.

6.6. Where we are entitled to receive payment from both you and a Network Operator under separate arrangements, this will be disclosed to you and any potential conflict of interest appropriately addressed.

6.7. Where a third party agrees to pay only part of our fees, you will be responsible for any shortfall only where this has been expressly agreed with you.

6.8. Where legal or other professional advisers are instructed, their fees and responsibilities will be governed by their own terms of engagement and any agreed third-party contribution.

6.9. We will not incur additional chargeable third-party expenses on your behalf without your prior agreement.

7. Legal Advice and Other Professional Advisers

7.1. Land Utilities Advisory Group Limited provides specialist land rights, compensation and utility infrastructure advisory services. We are not a firm of solicitors and do not provide legal advice or undertake reserved legal activities.

7.2. Our primary responsibilities concern the valuation, negotiation and commercial aspects of the matters for which we are instructed.

7.3. Where legal documentation is required, including a Deed of Easement, Deed of Grant, Wayleave Agreement, lease or other legal instrument, you may be required to appoint a suitably qualified solicitor.

7.4. We may recommend solicitors experienced in this area of work and assist with issuing instructions, supplying background information and coordinating the legal process.

7.5. Any solicitor appointed on your behalf will act independently and will be responsible for reviewing and advising upon the legal documentation, title matters and the legal consequences of any agreement.

7.6. We are not responsible for the independent advice, acts or omissions of solicitors or other third-party advisers, except to the extent that any loss results from our own breach of duty.

7.7. You should satisfy yourself, with appropriate independent legal advice where necessary, that you understand the terms and consequences of any legal agreement before entering into it.

8. Negotiations, Outcomes and Timescales

8.1. We will use reasonable care and skill in progressing your instruction and will keep you informed of material developments.

8.2. Any compensation assessment, valuation, rental estimate or other financial recommendation represents our professional opinion based on the information reasonably available at the relevant time.

8.3. We cannot guarantee the outcome of negotiations or that an offer will be made or improved.

8.4. The outcome of an instruction may be affected by existing agreements, statutory rights, property circumstances, planning considerations, available evidence, market conditions and the commercial position adopted by the Network Operator.

8.5. Network Operators may already possess statutory or contractual rights in relation to apparatus affecting your property. Our appointment does not guarantee that these rights can be removed, restricted or renegotiated.

8.6. Negotiations and legal completion may be subject to delays caused by Network Operators, internal approvals, solicitors, third parties, statutory procedures or other matters outside our reasonable control.

8.7. Any timescales provided by us are estimates unless expressly agreed otherwise.

8.8. We will not be responsible for delays or failures caused by circumstances outside our reasonable control, except where our own breach of duty has contributed to the loss or delay.

8.9. We may advise that further negotiations are unlikely to achieve a materially improved result. You remain entitled to reject an offer or instruct us to cease negotiations, subject to the agreed fee arrangements.

9. Confidentiality and Data Protection

9.1. We will treat information relating to your affairs as confidential and will not disclose it except where reasonably necessary to fulfil our appointment, where you have authorised disclosure, or where disclosure is permitted or required by law.

9.2. You authorise us to disclose relevant information to Network Operators, their agents, solicitors, valuers, insurers and other parties reasonably involved in progressing your instruction.

9.3. We may also disclose information where reasonably required for legitimate professional, regulatory, insurance or legal purposes.

9.4. We process personal information in accordance with applicable data protection legislation, including the UK General Data Protection Regulation and the Data Protection Act 2018, as amended.

9.5. Our Privacy Notice explains how we collect, use, retain and share personal information, including information obtained from publicly available and commercial property records.

9.6. Any advice or professional opinion provided by us is prepared for the purposes of your instruction and should not be relied upon by third parties without our prior written consent.

10. Cancellation Rights

10.1. Where you are acting as a consumer and enter into a qualifying distance or off-premises contract with us, you will generally have a statutory right to cancel the agreement within 14 days after the day on which the contract is entered into, without giving any reason.

10.2. You may exercise this right by contacting us by post or email with a clear statement that you wish to cancel. A model cancellation form is provided at the end of these terms, although its use is optional.

10.3. Where you wish us to begin providing services before the end of the statutory cancellation period, we must first receive an express request from you in accordance with applicable legislation.

10.4. Where services have commenced following a valid express request and you subsequently exercise your statutory right to cancel, you may be required to pay a proportionate amount for services already provided, but only to the extent permitted by law and where the relevant information and consent requirements have been satisfied.

10.5. Where the services have been fully performed during the cancellation period, the statutory right to cancel may be lost where all applicable legal requirements have been satisfied, including any required express acknowledgement.

10.6. Where statutory cancellation rights apply, they take precedence over any conflicting provision of these terms.

10.7. These provisions do not restrict any additional right you may have to terminate our appointment.

10.8. Where you are instructing us wholly for purposes relating to your trade, business or profession, the statutory consumer cancellation provisions will not ordinarily apply.

11. Termination

11.1. You may terminate our appointment at any time by providing written notice to us.

11.2. The financial consequences of termination will depend upon the fee arrangement agreed for the instruction and any applicable statutory rights.

Success-Fee Instructions

11.3. Where an instruction is expressly undertaken on a no win, no fee basis and is terminated before a settlement has been completed, no Success Fee will ordinarily be payable at termination.

11.4. However, where you subsequently complete a settlement arising substantially from negotiations undertaken by us during our appointment, we may remain entitled to the agreed Success Fee, provided that:

a) The settlement relates to substantially the same matter covered by our appointment.

b) Our work materially contributed to the settlement.

c) The settlement is completed within 12 months following termination.

d) The amount claimed does not exceed the Success Fee which would otherwise have been payable under the agreed instruction.

e) Any claim is fair, proportionate and legally enforceable in the circumstances.

11.5. No fee will be claimed under clause 11.4 where termination results from our material breach of contract or where doing so would interfere with your statutory cancellation rights.

11.6. A compensation offer which you choose not to accept will not, by itself, give rise to a Success Fee where the agreed terms provide for payment only upon successful completion.

Fixed-Fee Instructions

11.7. Where our appointment is undertaken on a Fixed Fee basis, fees which have become properly payable for completed stages or milestones will remain due following termination.

11.8. Where the instruction is terminated before the agreed services have been completed, we may charge a reasonable and proportionate amount for work actually undertaken up to termination, where this was expressly agreed in advance and is permitted by law.

11.9. Unless separately agreed, the total fees charged for a terminated fixed-fee instruction will not exceed the Fixed Fee originally agreed for those services.

Hourly-Rate Instructions

11.10. Where our appointment is undertaken on an hourly-rate basis, you will remain responsible for fees relating to services reasonably undertaken up to the effective date of termination, together with any expenses properly authorised and incurred.

General Termination Provisions

11.11. We may terminate our appointment where we have reasonable grounds to do so, including a material conflict of interest, serious failure to cooperate, material non-payment of fees properly due, or a breakdown in the professional relationship.

11.12. Where reasonably practicable, we will give you notice of our intention to cease acting and explain any outstanding matters requiring attention.

11.13. Following termination, we will cooperate reasonably in providing relevant information and documents to you or a replacement adviser, subject to applicable legal and confidentiality obligations.

11.14. Termination will not affect any rights, obligations or fees which have already lawfully arisen, or provisions expressly intended to survive termination.

12. Invoicing and Late Payment

12.1. Invoices issued by us will identify the services or agreed fee arrangement to which they relate.

12.2. Unless otherwise agreed, payment is due within 14 days of receipt of an invoice.

12.3. Where an invoice remains unpaid, we may contact you to request payment and take reasonable and lawful steps to recover sums properly due.

12.4. In qualifying business-to-business transactions, we reserve the right to charge statutory interest and recover applicable costs under the Late Payment of Commercial Debts (Interest) Act 1998, as amended.

12.5. The commercial statutory late-payment regime will not be applied to consumer clients.

12.6. Any costs or interest claimed from a consumer will be subject to applicable law and the requirement for contractual fairness.

12.7. We may suspend chargeable work where an invoice is materially overdue, provided that doing so is reasonable in the circumstances and we have given appropriate notice.

13. Professional Responsibility and Liability

13.1. We will carry out our services with reasonable care and skill.

13.2. Our professional opinions and recommendations are based on the information available to us at the relevant time and are provided for the purposes of the specific instruction.

13.3. We are not responsible for losses arising solely from materially inaccurate or incomplete information supplied to us, except where we ought reasonably to have identified or investigated the relevant issue.

13.4. We do not guarantee the acts, decisions or performance of Network Operators, solicitors or other independent third parties.

13.5. Our contractual obligations are owed by Land Utilities Advisory Group Limited. You agree not to pursue individual claims against our directors or employees personally in connection with services provided on behalf of the company, except where personal liability cannot lawfully be excluded.

13.6. Nothing in these terms excludes or restricts our liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability which cannot lawfully be excluded or restricted.

13.7. Nothing in these terms excludes or restricts your statutory rights, including the right to services carried out with reasonable care and skill.

13.8. Any limitation or exclusion of liability contained in these terms shall apply only to the extent permitted by applicable law.

14. Communications

14.1. We may communicate with you by post, email, telephone or other agreed means using the contact details provided by you.

14.2. You agree to notify us promptly of any changes to your contact details.

14.3. We may correspond electronically with Network Operators, solicitors and other parties involved in your instruction.

14.4. Although we take reasonable precautions to safeguard communications, email and other electronic communications cannot be guaranteed to be completely secure or free from interruption.

14.5. If you have particular communication preferences or requirements, please notify us.

14.6. We will use reasonable endeavours to keep you informed of material developments and respond to reasonable requests for information regarding the progress of your instruction.

15. Complaints

15.1. We aim to provide a professional, efficient and courteous service.

15.2. If you are dissatisfied with any aspect of our services, please contact us using the details provided below, setting out the nature of your concerns.

15.3. We will acknowledge and investigate complaints fairly and seek to resolve them promptly.

15.4. We will provide a written response explaining our findings and any proposed resolution.

15.5. Where applicable, details of any independent complaints or redress arrangements available to you will be provided in accordance with our complaints-handling procedure.

15.6. Making a complaint does not affect your statutory or contractual rights.

16. Documents and Intellectual Property

16.1. Unless otherwise agreed, copyright in reports, plans, calculations and other original documents produced by us remains with Land Utilities Advisory Group Limited.

16.2. You may use and share documents prepared for your instruction as reasonably necessary for that matter, including with solicitors, lenders, professional advisers and other relevant parties.

16.3. Our documents should not be materially altered, reproduced for unrelated commercial purposes or relied upon for another matter without our written consent.

16.4. We may retain copies of relevant documents and correspondence following completion or termination for legitimate business, legal, professional, regulatory and insurance purposes, in accordance with applicable data retention requirements.

17. General Provisions

17.1. These Terms of Business and the Engagement Agreement constitute the agreement between us concerning the services covered by our appointment.

17.2. Any material variation to the scope of our appointment, agreed fees or other contractual obligations must be agreed by both parties in writing.

17.3. If any provision of these terms is found to be unlawful or unenforceable, the remaining provisions shall continue to apply to the extent permitted by law.

17.4. No person other than the parties to the agreement shall have a right to enforce its terms under the Contracts (Rights of Third Parties) Act 1999, except where otherwise expressly agreed.

17.5. This agreement shall be governed by the laws of England and Wales, subject to any mandatory statutory protections applicable to you.

17.6. Nothing in these terms prevents a consumer from bringing proceedings in a court which has jurisdiction under applicable law.

17.7. Any references to legislation include amendments, replacements or re-enactments of that legislation where applicable.

18. Company Details

LAND UTILITIES ADVISORY GROUP LIMITED
Registered in England and Wales
Company Registration Number: 14104723

Registered Office:

Corby Enterprise Centre
London Road, Priors Hall
Corby
Northamptonshire
NN17 5EU

Email: admin@thepowerlinegroup.co.uk