Propertymark called for a dedicated Housing Tribunal to improve mediation and enhanced dispute resolution, and advocates extending redress membership to landlords who self-manage property only as an additional layer of protection for consumers.
MoJ call for evidence: Dispute resolution in England and Wales
The Ministry of Justice (MoJ) specifically asked for data about, and insights into, experiences of dispute resolution within and outside the court system to help them understand a range of factors including drivers of engagement, outcomes, standards and skills and training.
Any appetite in the UK Government to consider making ‘alternative’ dispute resolution mandatory as part of a pre-action protocol has real potential for a positive culture shift in relationships between agents and landlords, and their tenants. But it would be vital to ensure all parties know what it is, and it must be accessible.
Other factors identified
Key to having an impact on willingness to engage with dispute resolution, and the success of those processes was the emotional state and mindset of the parties involved.
Further transparency from the UK Government in publishing data about the numbers of cases and outcomes was called for with figures broken down by demographics.
The role of legal advisors and the courts is vital in successfully encouraging parties to engage in dispute resolution. Despite court protocols recommending that solicitors make an early referral to mediation, owing to their vested interests in pursuing lengthy litigation, referrals of clients by solicitors did not regularly take place.
Early intervention is paramount, with extra support and information to avoid positions becoming entrenched and problems escalating into full-fledged disputes.
Existing dispute resolution processes can be patchy and ineffective, and do not provide a reliable route for the private rented sector.
Propertymark member letting agents are well placed to help prevent disputes between landlords and tenants, but they need a system that is quicker and cheaper.
This will incentivise more landlords to engage with these processes to avert the need for a case to go to court which may not always be appropriate, helping more tenants stay in their homes.
