Mediation as an alternative to Eviction

Mediation As An Alternative To Re-possession

a VOLA position statement.

Context:

The Renter's Rights Act 2025 (RRA) removes the option of using Section 21 “no fault” procedure for re-possession. Now landlords must always: set out clear Section 8 grounds; be prepared for the tenant to contest the explicit grounds; and ensure those grounds will stand up to scrutiny in Court.

When a re-possession claim is taken through the Courts, it is not unknown for a tenant to introduce a counter-claim on the day of the hearing such that the landlord has no opportunity to present evidence to the contrary in that hearing, adding cost, delay and more uncertainty for both parties.

Multiple redress scheme and deposit scheme providers have recently started offering independent mediation services (see useful links below). A tenant can initiate a mediation request with any provider where a tenancy is at risk at no charge. Landlords and agents can initiate requests for mediation only through the scheme they subscribe to, generally requiring a fee. Adjudication (a step further than mediation to reach a mutual agreement) is also available in some circumstances.

Where, upon receipt of a re-possession notice, a tenant seeks re-housing assistance from the local authority, the authority will often contact the landlord or agent to find out if re-possession can be avoided with their assistance.

VOLA Position:

Claims for re-possession cannot always be avoided, but frustration sometimes leads to proceedings commencing prematurely. Action to address issues can also sometimes commence unduly late, particularly where parties are not aware of independent mediation as an option. When issues are addressed too late, impact is likely to have compounded, positions hardened and action more drastic. Acting on the most timely basis is the first thing the parties need to be mindful of.

Independent mediation allows issues to be worked through non-confrontationally, and generally allows for a more objective approach useful to both parties. Where appropriate, it is best to engage with formal mediation at the earliest practical juncture.

Engaging early with independent mediation where a tenant requests or agrees to it is advisable for several reasons:

• It clarifies early the issues as perceived by each party, allowing more meaningful dialogue and avoiding surprises in Court;

• It can be expected to identify any unrealistic expectations of either party, and very often that is the key to reaching a mutual understanding and agreement;

◦ For example: a tenant might mistakenly believe that losing their tenancy due to rent arrears will improve their chances of securing social housing, or fail to understand all

the ramifications of an adverse County Court Judgement where the local authority has told them they can stay in their home until bailiffs arrive.

• Even if no agreement is reached, engagement in mediation demonstrates to a Court that the eviction proceedings are not premature;

• Where a mediated agreement is reached but later breached, the agreement and evidence of the breach, will add substantial weight to a subsequent possession claim.

• Where it is practicable, independent mediation to establish a mutual understanding is the fairest way of resolving issues.

Whenever there is an issue with potential to lead to re-possession proceedings (rent arrears, reports of repeated ASB, breach of contract, etc), and communications between landlord and tenant reflect distrust, independent mediation should be considered.

Where a local housing authority ask if re-possession can be avoided with their assistance, this should not be viewed as an alternative to professional independent mediation, but can be helpful in conjunction with it.

Thus far, availability of landlord-tenant mediation services is not well known, and they are little used. There is a very limited pool of people with appropriate experience to act as independent mediators. It remains to be seen if these services will function on a timely and effective basis if the volumes of requests increase substantially with the implementation of RRA.

References and Useful Links: · Guide to Dispute Resolution · Landlord & Tenant Mediation Services | NRLA · TDS Tenancy Redress | TDS Dispute Resolution | NRLA · Property Redress Mediation Service | NRLA

Document History:

• Version: 0.1.1

• Authored by: S.Fletcher

• Approved by VOLA Board on: <this is a draft version>