Mediation for Landlords and Tenants
Do you have an unruly tenant you’d rather encourage to fix their tenant behaviour rather than resorting to costly eviction? Has your landlord failed to protect the deposit but you don’t want to wait for months for a court hearing? Is your landlord/tenant relationship deteriorating? Are you constantly falling out with your housemates? Our mediation service could be right for you!
We believe everyone should have a home but understand that not everybody is deserving of the property they reside in and we understand that things can sometimes just go wrong where eviction seems like the only option but what if it isn’t?
The government are talking about ending Section 21 and, given the environment landlords and agents find themselves in, it’s likely that this will happen.
Since January 2018, we have helped numerous tenants and landlords resolve problems, whether it’s related to antisocial behaviour, disrepair, rent arrears or keeping the peace in HMOs, we’ve been by your side through thick and thin so we thought it’s only right that we make our mediation service public!
You can use this service whether you’re a landlord or agent anywhere in the country and mediation sessions can take place face to face, via phone or group chat making it really easy and comfortable for you to resolve your problems.
Why choose mediation?
Being involved in any dispute is unpleasant and, when it’s a legal dispute, it can be very expensive for both sides and often results in both parties settling out of court with both parties being left out of pocket regardless of guilt or liability. Disputes can often lead to severe animosity, non-compliance with legal or contractual obligations, legal expenses, county court judgements (CCJs) or even violence which often leads to a criminal record.
Mediation serves as a stepping stone between your dispute and going through the courts to reach a resolution or as an alternative when using the courts isn’t an option due to costs or, as is often the case, pettiness.
Mediation, also known as alternative dispute resolution or alternate dispute resolution, takes many forms and ultimately involves all parties coming together in a controlled environment to air their grievances with each other and reach a mutual resolution without the need for judgements to be made.
When mediation takes place, there are no judgements, judges, witnesses, evidence or solicitors required, although witnesses and evidence can be valuable in mediation and it is completely voluntary. There is no obligation for the other to attend and outcomes aren’t legally binding.
People often choose mediation because it’s faster and it isn’t subject to court scheduling or adjournments to gather evidence or to look for witnesses or paperwork. It’s also a lot cheaper and has much less paperwork meaning it’s less complicated. You’ll avoid legal fees and solicitors bills if mediation is successful and both parties will be afforded an opportunity to resolve their conflicts without animosity and hopefully, without the landlord feeling they need to evict their tenant or the tenant feeling like they need to move home.
What if mediation doesn’t work?
If we can’t come to a final agreement through mediation, where both parties have had an open, honest channel of communication in a controlled environment and have still be unable to reach a mutual solution, we will act as mediators and suggest the most appropriate outcome based on the evidence and testimony from both parties throughout the mediation process in an objective, impartial manner regardless of who is paying for the service, however, our decision will not be legally binding and if either party still disagrees, the court or other alternative dispute resolution will be at their disposal.
When mediation doesn’t have the intended outcome, it doesn’t always mean it has failed. Often, it creates a platform between both parties to be better able to communicate in future, whilst mediation might not always have the desired outcome, it can certainly help to reopen private negotiations between the parties who may come to a resolution without having to go to court.
What might a mediator suggest if we can’t reach an agreement?
When a mutual agreement can’t be reached, we will make suggestions and provide advice in how we feel it is most fair to resolve the dispute. Our decisions will be based on the circumstances, the evidence presented, including the conversations we have had throughout the mediation process.
We may offer suggestions such as:
- An award of compensation
- Agreement to repair or make adjustments to the property
- To refrain from a specific behaviour
- Arrange a payment plan for rent arrears
- Temporary/permanent management takeover
So, if you feel you might be better off attending mediation to resolve your lettings and tenancy matters, we’re here to help. Just give us a call on 0116 321 4970 or email [email protected] to arrange a free consultation!
This is not a legal service. Harry Albert Lettings & Estates are not solicitors and are not qualified or authorised to provide legal advice. Any advice given in our mediation sessions are reflective of the professional opinion of the individual mediator and does not constitute legal advice. Should you wish to take legal action against the other party/parties, we advise seeking your own independent legal advice from a legally qualified professional or from Citizen’s Advice Bureau.