Would you allow an unqualified person to extract your tooth? Or trust an unregulated doctor to diagnose a serious illness? Of course not. Yet, many landlords unknowingly take a huge legal and financial risk by choosing unregulated “eviction specialists” instead of properly authorised solicitors.

At first glance, possession proceedings may seem straightforward. However, eviction is a complex legal process, and if handled incorrectly, landlords risk losing their case, facing significant financial losses, and even becoming liable for criminal offences.

The Law: Who Can Legally Conduct Litigation in England and Wales?

Under the Legal Services Act 2007, certain legal activities—known as “reserved legal activities”—can only be carried out by the person named in the case themselves or by individuals or firms authorised and regulated to do so as their legal representative. These include:

✅ Solicitors (regulated by the Solicitors Regulation Authority (SRA))
✅ Barristers (regulated by the Bar Standards Board (BSB)) approved to conduct litigation
✅ Chartered Legal Executives (CILEX Practitioners) with the requisite approval and qualifications
✅ Licensed conveyancers and other specifically regulated professionals with the requisite approvals and qualifications

What is the “Conduct of Litigation”?

The conduct of litigation—which includes issuing possession proceedings, preparing and signing legal documents, and representing landlords in court—is a reserved legal activity under Section 12 of the Legal Services Act 2007.

This means that any person or company who is not properly authorised (such as an unregulated eviction specialist) is breaking the law if they conduct litigation.

If an unregulated individual issues court proceedings, drafts or signs legal documents, or provides legal advice on the case, they are acting illegally, and their actions could result in your possession claim being struck out entirely.

The New Tactics of Unregulated “Eviction Specialists” – And Why They Place Landlords at Even Greater Risk

Following the Baxter v Doble & Anor [2023] EWHC 486 (KB) case, where Ms. Doble was found in contempt of court for unlawfully conducting litigation, unregulated eviction firms have now become increasingly deceptive in their practices.

To avoid detection, many of these firms have adapted their tactics by ensuring that there is no obvious evidence of their involvement in a possession claim. They do this by:

1. Signing Off Court Documents in the Landlord’s Name

Instead of signing legal documents themselves (which could reveal their unlawful activity), they forge the landlord’s signature on court forms and legal paperwork.

❌ This is a separate criminal offence—fraud under the Fraud Act 2006.
❌ If this is discovered, the landlord could be accused of submitting false information to the court.
❌ A court may strike out the possession claim entirely, and the landlord could even face prosecution.

2. Encouraging the Landlord to Issue Everything in Their Own Name

To protect themselves, some unregulated eviction firms tell landlords:
💬 “You sign and submit everything yourself—don’t mention us.”

At first glance, this may seem harmless, but it is a serious risk to the landlord because:

• If the case goes wrong, the eviction firm cannot be held accountable—they simply disappear, leaving the landlord with the legal mess.
• The landlord is personally responsible for any errors or procedural mistakes, even if the eviction firm caused them.
• The court will assume the landlord handled everything themselves—meaning they cannot later claim they were misled.

By doing this, eviction specialists evade liability, while the landlord is left entirely exposed to legal, financial, and even criminal consequences.

How Legal Aid Solicitors Can Use These Mistakes Against Landlords

Many landlords underestimate the power of legal aid solicitors, assuming that tenants must pay for their own legal representation. This is not the case.

• Legal aid tenants pay nothing – their legal representation is fully funded by public money.
• Legal aid solicitors get paid by taxpayers – at a fixed rate of £60-70 per hour.
• If a landlord loses, they pay full commercial costs – These can be:
  • £280+ per hour outside London
  • £500+ per hour inside London

If a legal aid solicitor discovers that:

• A possession notice is invalid
• The landlord’s court forms contain forged or misleading information
• The eviction firm engaged in unlawful litigation conduct

Then the entire possession case can collapse. The landlord could lose thousands of pounds in legal fees—all because they trusted an unregulated eviction specialist.

Why Solicitors Charge More—And Why It’s Worth It

1. Extensive Legal Training and Expertise

Solicitors in England and Wales must complete years of rigorous training before they can represent landlords in possession cases. Their qualifications include:

✔️ A law degree (LLB) or Graduate Diploma in Law (GDL)
✔️ The Legal Practice Course (LPC) or Solicitors Qualifying Examination (SQE)
✔️ Two years of supervised training in a regulated law firm

By contrast, most unregulated eviction specialists have no formal legal training—yet they charge landlords for what is, in effect, an illegal service.

2. Professional Indemnity Insurance (PII) – Your Financial Safety Net

Solicitors must carry extensive professional indemnity insurance (PII), as required by the Solicitors Regulation Authority (SRA).

• Law firms pay between 5-10% of their annual gross turnover for this insurance.
• PII ensures that YOU, the landlord, are financially protected if a mistake is made.
• If a solicitor’s error causes financial loss, their insurance must cover it.

Unregulated eviction firms, on the other hand:

• Often have no insurance at all.
• If they do have insurance, it’s usually a cheap policy (e.g. £50 a month) that won’t cover serious losses.
• If something goes wrong, they can simply disappear—leaving you to deal with the financial and legal fallout.

 

A Real-World Case: The Cost of Getting It Wrong

As mentioned above, a perfect example of the risks involved in using unregulated eviction specialists is the case of Baxter v Doble & Anor [2023] EWHC 486 (KB)

The Facts of the Case

Ms. Doble was a CILEX member and a paralegal (but did not have the required approval or qualification from CILEX to conduct litigation), but not a regulated legal professional. She and her firm were engaged by a Mr. Persey to assist with possession proceedings against his tenant, Mr. Baxter. During the proceedings, solicitors for the tenant raised concerns that Ms. Doble was unlawfully conducting litigation—which led to an application for committal for contempt of court.

Even though the possession claim was ultimately successful, this case set a legal precedent regarding what activities amount to the conduct of litigation.

The Legal Issue

Under the Legal Services Act 2007, it is a criminal offence for an unregulated person to conduct litigation. Schedule 2, paragraph 4 of the Act defines “conduct of litigation” as:

(a) The issuing of proceedings before any court in England and Wales,
(b) The commencement, prosecution, and defence of such proceedings, and
(c) The performance of any ancillary functions in relation to such proceedings (such as entering appearances to actions).

The High Court examined whether Ms. Doble’s actions fell within this definition.

The Court’s Findings

The High Court found that Ms. Doble and her firm had crossed the line into conducting litigation by:

• Drafting the claim form and particulars of claim (checked by the client but prepared by her firm)
• Ensuring compliance with Civil Procedure Rules (CPR)
• Paying the court fee on behalf of the landlord
• Drafting and serving the reply and defence to counterclaim
• Giving instructions to an advocate for several hearings
• Corresponding with the tenant’s solicitors as if she was acting in a legal capacity

The Court ruled that these activities amounted to conducting litigation, which Ms. Doble was not authorised to do.

Why This Case is Important for Landlords

🔹 Many unregulated “Evictions Specialist” firms engage in exactly the same conduct that led to this case.
🔹 Even if the eviction claim is successful, the person conducting litigation illegally can face contempt of court proceedings.
🔹 A landlord using such a firm risks having their claim struck out, facing delays, increased legal costs and even being left with no recourse if things go wrong.

How Unregulated Eviction Specialists are Now Trying to Avoid Detection

Following this ruling, many eviction specialists have changed their tactics to avoid being caught. However, their new methods place even greater risk on unsuspecting landlords.

1. Signing Court Documents in the Landlord’s Name (Fraud)

To avoid direct involvement, some eviction firms forge the landlord’s signature on legal documents.

🚨 This is a criminal offence under the Fraud Act 2006
🚨 If discovered, the court could strike out the possession claim
🚨 The landlord could face criminal charges for submitting false information

2. Forcing Landlords to Issue Everything in Their Own Name

Instead of handling the process directly, some eviction firms now instruct landlords to submit documents themselves, so there is no paper trail.

🛑 This shields the eviction firm from responsibility if things go wrong
🛑 The landlord is left to deal with any legal fallout
🛑 If a mistake is made, the landlord—not the eviction firm—is liable

3. Avoiding Direct Correspondence with the Court

Some firms tell landlords:
💬 “You sign and submit everything yourself—don’t mention us.”

This is designed to create plausible deniability, but it exposes the landlord to serious legal risks.

Eviction is a Runaway Train – Get It Right From the Start

Possession claims are like a runaway train: once they start, they are hard to stop. If you use an unregulated eviction firm, you may find yourself in an even worse situation than if you had instructed a solicitor in the first place.

The Bottom Line: Protect Yourself by Using a Properly Regulated Solicitor

Possession claims are high-risk legal matters, and cutting corners by using an unregulated firm can have disastrous consequences.

✅ Authorised solicitors have years of legal training and are fully regulated by the SRA
✅ They carry professional indemnity insurance, ensuring you are protected if something goes wrong
✅ They can be held accountable for their actions—unlike unregulated eviction firms, who can simply disappear

If you make a mistake in a possession claim, it could cost you tens of thousands of pounds—or worse, your case could be thrown out entirely.

Final Thought

Landlords must understand:
❌ Eviction is NOT a simple administrative task
❌ Using unregulated eviction specialists is illegal and risky
❌ If things go wrong, you could lose everything

As the saying goes: “Do it right the first time, or pay for it later.”