“I smell a rat!” – and I need to get rid of a pest?

Most tenancies end amicably, with the tenant handing back the keys and agreeing with the landlord or agent on any costs that need to be met. But a percentage end up in dispute over how the property has been left. 

Mediation is an interactive way of sorting out disputes between landlords and tenants, with the help of a professional third person (an independent mediator) who won't take sides. Agents need to be aware of the service too – in some cases, agents instruct the scheme and act on behalf of their landlord customer. In others, agents signpost their landlords to the scheme to instruct the scheme direct. 

The independent mediator helps both parties to work towards a negotiated settlement, if one is possible. It is a flexible and voluntary method of dispute resolution that is completely confidential. The mediator will set out alternative solutions to help the parties to reach agreement.  

Mediation is quick and cost effective – using legal proceedings takes time and money. The Property Redress Scheme Tenancy Mediation Service can resolve the situation amicably: 

• 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 

Mediation gives you a chance to be heard – it gives both parties the chance to have their say through an impartial mediator. They won’t take sides and will help the parties explain what led to the dispute. This helps everyone to agree exactly what the problem is, saving time and avoiding misunderstandings. 

Mediation is confidential – only the parties need to know the dispute was settled. If it wasn’t possible to reach an agreement, offers and concessions made to help to resolve the dispute are set aside and legal proceedings can be used. 

Mediation can be a win win – mediation helps the parties find a solution they both agree to. Neither party should feel they have ‘lost’ and any agreement made is much more likely to work because both parties have bought into it. 

Mediation helps relationships – sometimes parties need to continue a relationship together (such as landlord and tenant). Using mediation rather than court proceedings finds amicable solutions, helping parties to continue to work together in the future. 

Here, Mike Morgan of NRLA partner, the Property Redress Scheme Tenancy Mediation Service, draws on a case study showing how mediation was able to help with a pest infestation during the course of a tenancy. 

From rats to riches (or not…) 

Charnell’s tenant had a problem with rats over a nine-month period during her tenancy. The landlord had arranged pest control visits, and pest control measures were completed. Further visits found additional access holes which needed to be blocked, but also found that the tenant had moved bait stations as they thought they were attracting, not eradicating, the rats. The landlord accepted that things had dragged on for longer than was ideal, and had offered £250. The tenant was claiming significantly more for loss of income due to being unable to work from home and rent reductions. Charnelle was keen to resolve their complaint, but felt their claim was excessive. She informed her tenant of her intention to involve the Property Redress mediation team to come to a solution.   ‍ 

We were able to help the tenant understand that the impact on their daily living was more modest than they considered, and they were still able to work either from home or by making alternative arrangements. Landlord and tenant agreed to a compromise and a payment of £400. This was all achieved without Charnelle losing a good rapport with a decent tenant.