There is more than one way to seek possession
At the Property Redress Scheme tenancy mediation service, we get calls from many landlords who have heard about what we do but aren’t quite sure how things work. We’re always pleased to help and explain. Interestingly, we’re seeing that it’s not just the landlords we need to help – but perhaps also their legal advisors.
Here's Jane's story
Jane, a landlord with a number of months’ rent arrears, contacted us for help. She’d spoken to solicitors who had advised her that notice periods were returning to pre-COVID levels from 1 October 2021. They also advised her that, despite this good news, it was still likely to take many months to get through the court process.
Jane had heard of our mediation service and mentioned this to the solicitors. They advised her that mediation could not be used once a landlord had served notice on the tenant.
There is no truth to this. Mediation can be used at any time during a tenancy, whether or not notice has been served. Many landlords will serve notice and then offer the tenant the option of mediation. Serving notice first gets the tenant’s attention and shows that the landlord is serious. Equally, we also see landlords who use mediation before serving notice, as a softer initial approach – which is what Jane decided to do.
We were able to agree with the tenant that they would leave the property voluntarily on an agreed date. As an incentive to encourage this, Jane was happy to reduce the rent arrears owed by one month from £6,895 to £5,910. We produced a mediation agreement making it clear that if the tenant failed to stick to the agreed terms, the reduction no longer applied and Jane would be able to take legal proceedings, claiming the full amount owed. The tenant left the property and paid the balance of the reduced rent arrears as agreed.
Unlike serving notice and then taking legal proceedings (research shows that this now averages 51 weeks and costs £3,000) agreeing this solution was completed in less than three weeks. Our charges were £400 plus VAT, a small price to pay for the ‘prize’ of getting back the property.
How mediation can help
Using one of our mediators brings both common sense and expertise to finding solutions that work for both landlords and tenants. Disputes can relate to rent arrears or other issues that have arisen during a tenancy. Landlords should consider using mediation to resolve issues with their tenants because:
- It’s quick – we typically reach an agreement in 10 to 15 working days
- It works – tenants work with us once they realise we’re not just on the landlord’s side
- It saves you time, money and stress – we find fast, practical solutions without incurring expensive court proceedings. Our charges start from £200 plus VAT for NRLA members
Call 0203 907 1857 to find out more or start your mediation.
