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Mediation instead of eviction - will it work?

The government has released details of its mediation scheme, which has already won the in-principle support of the National Residential Landlords Association.

The mediation pilot, first revealed by Housing Secretary Robert Jenrick in February, is free to use for landlords and tenants and will involve as a third party a trained neutral mediator, independent from HM Courts and Tribunals Service, to help identify issues and work to resolve them. 

The MHCLG says this mediation scheme may be quicker than a full court hearing, adding: “The Society of Mediators aims to conduct mediation remotely within 10 days of referral. If mediation is successful, the court will then be informed and the case closed. While mediation may help you avoid a full court hearing, it will not delay your ongoing court process. You must continue to comply with all court directions.”

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The mediation will be conducted remotely, by telephone, and the ministry says one or both parties may nonetheless want to have legal advice. 

Then, following one or more meditation sessions, “if mediation succeeds and you are happy with the proposed solution, you will sign an agreement, which will be put in front of a judge for approval. The agreement will explain what actions each party must take next.”

 

 

It continues: “You can apply to the court to enforce the agreement if it is broken by the other party. If mediation is unsuccessful, the case will continue to the substantive hearing. The court will not be told about anything that was said during the mediation and the process will proceed as normal.”

You can see the full announcement and description from MHCLG here.

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    The threat of eviction is the best mediation. Sad to say, but such is the world we live in.

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    Mediation will not work, most tenants that don't pay do so because they want to spend their benefit money on other things, smoking, drinking, drugs,52" TVs and sky subs.

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    We need to see a network of well built mediators set up nationwide, who can help tenants in financial trouble prevent their debts from continuing to escalate, navigate their way through the correct paperwork to give up unaffordable tenancies voluntarily and promptly, waiving any notice period or remaining term of tenancy, and assisting them with removing their belongings at any time of the day or night whilst ensuring they understood their obligations to leave the properties clean and tidy, but most of all, promptly and without fuss.

    Mediators like that would help both those who can no longer afford the rent and those desperate and financially able to move into recently vacated accommodation.

  • Tony McIntyre

    What action is available to a Landlord if a tenant refuses entry for a Gas Safety cert. This has gone on for months and every effort has been made to get it done.

  • Tony McIntyre

    What action is available to a Landlord if a tenant refuses entry for a Gas Safety cert. This has gone on for months and every effort has been made to get it done.

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    Keep a record of communications, send emails, letters with a certificate of posting, witness statements where possible to prove that you have tried, if the tenant refuses access then a gas inspection cannot be carried out, but make sure to cover your back.

     
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    Okay if mediation is the way, I wonder if the government is happy to mediate over my last years business rates I have just been invoiced for, for an office I couldn't use due to Covid?
    I guess not!!!

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    I believed every LL will have already tried to get a settlement with the Tenants. Involving a third party can oly be to see how much they can knock the LL even further, certainly the Tenant is not going to be obliged to pay more, just more cost & time wasting like the interference with Deposit Schemes making Deposits not worth having only a bigger liability than no Deposits to put money in third party Bank Accounts

  • PossessionFriendUK PossessionFriend

    If a Tenant - ' Can't pay, Won't pay - how is Mediation going to " spirit " the £ 1,000's of Outstanding rent into the landlords bank account ?
    ( Its away with the fairies )

  • John  Adams

    You can see it now...

    Mediator "So why are you looking to evict your tenant?"
    LL "The industrial waste pile they are accumulating in the back garden, the all night parties, the rent not being paid for the last 6 months, the harassment of the neighbours by their "children", shall I go on?"
    Tenant "Well the LL didn't buy me any bin bags, and I work shifts so that's why I have late night parties..."
    Mediator "So the rent arrears?"
    Tenant "I ain't got any money, because they stopped my benefits..."
    Case Dismissed....

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    • S S
    • 09 April 2021 11:08 AM

    Mediation only works if parties engage - Problems arise because tenants who fall into arrears bury their heads in the sand - ignore all attempts by the LA to try and talk to them. If they wont talk to the LA, how is a mediator going to get them to engage

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    Andrew regarding access to read gas meter, if it’s a HMO you have the right to access the common parts. Which would give access to the gas meter if located internally.

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