Mid tenancy solutions: How to prevent issues threatening the continuation of a tenancy
Most tenancies run smoothly and any potential problems that arise during the contract can be quickly addressed between the tenant and landlord, often with the help of the letting agent. However, from time to time, issues can become more entrenched and jeopardise the continuation of the tenancy. How do you go about resolving these issues to the satisfaction of both parties so that the tenancy can continue? In this month’s article, The Dispute Service looks at a real-life case study using the TDS Resolution Service.
Rent arrears mid tenancy
In this case, the landlord approached TDS Resolution for help with a dispute with the tenant which had led to rent arrears accumulating during the tenancy. The landlord had served the tenant with a section 21 notice because they wanted to put their property on the market. In this instance, the tenant did not respond to the section 21 notice and began to withhold rental payments for the next three months. The landlord made reasonable attempts to communicate with the tenant. Eventually, both parties agreed to come to a mediation session in order to find a compromise, continue with the tenancy and resolve both the landlord’s and the tenant’s concerns.
The mediation team made an appointment to speak to the landlord and tenant together with a mediator present, as agreed by all parties. The discussions were confidential and, if successful, a settlement agreement would be drawn up to document what has been decided.
The mediation and compromise agreement
The parties were joined together in a three-way video call. Each party made their representations and expressed what they wanted to happen going forward. The mediator present guided the negotiation, keeping the conversation on track and helping the parties deal with each issue raised in turn.
The landlord wanted the outstanding rent paid, and for the tenant to carry out work in the garden of the property. The garden had become quite overgrown and needed to be returned to a reasonable state, as indicated in the tenancy agreement.
The tenant wanted to remain in the property for at least another 6 months and to keep the rental payments to a previously agreed discounted rate.
With the help of the mediator, the following agreement was established:
- The landlord would delay selling the property until at least Spring of the following year (6 months from the date of the session). The landlord also agreed to review this date and allow the tenant to stay longer should the tenant require.
- The landlord would continue to charge the tenant a discounted rate for the rent, on the condition that the tenant carried out work on the garden of the property removing overgrown parts, clearing debris and getting the garden into a reasonable state by the end of Autumn 2021. Once cleared, the tenant was required to maintain the garden in a reasonable state until the end of the tenancy.
- The tenant agreed to pay the outstanding rent within 5 days of the date of the mediation session.
Both parties agreed to the above compromise and the mid tenancy dispute was brought to a close, drawing a line under the issues raised and allowing the tenancy to continue.
Advice for landlords
Your first action when you have a mid-tenancy issue is to make sure that reasonable attempts have been made to resolve the matter. Communicate clearly and try to understand the situation of the other party to find an acceptable solution. If that doesn’t result in an agreement, mediation may be an option available to you.
TDS Resolution (which is operated by The Dispute Service) is a free mediation and conciliation service for tenants and landlords that aims to facilitate a satisfactory resolution between the parties to help sustain tenancies and avoid the need for formal legal action.
The service is provided in association with the NRLA (National Residential Landlords Association).
Not to be confused with the adjudication service offered to resolve end-of-tenancy deposit disputes, this service from TDS Resolution is focused on the disagreements that occur during a tenancy.
The success of the service is down to the experience of the team who are skilled at resolving disputes between landlords and tenants. The Dispute Service staff deal with a substantial amount of deposit dispute cases each year and increasingly these are also being resolved through early mediation without having to go to a full adjudication decision.
The entire TDS Resolution process is straightforward to use and involves just four simple steps:
- The landlord or tenant completes a Resolution Referral Form via the website here.
- Providing the case can be taken forward, TDS Resolution will contact the other party within 5 working days.
- If the other party agrees to engage in the process, a resolution meeting is arranged with a mediator and the parties. The mediation session may involve the parties meeting online with the mediator, or may take place by telephone, with the mediator speaking to each party separately. The sessions are confidential and the mediator’s role is to facilitate agreement. They will not impose a solution.
- Agreements are confirmed in writing to the tenant and landlord after the session.
You can find out more about how it works on the TDS Resolutions webpage.
Landlords can find further interesting case studies, tools and templates in the TDS Information Lounge, all designed to help reduce deposit disputes and make life for landlords easier. Visit the TDS Information Lounge
Some of these resources are only available to landlords who use the free deposit protection scheme at TDS Custodial or the insured scheme at TDS Insured. You can access all templates, tools and the full tenancy deposit management dashboard by joining TDS.
It’s quick and easy, and NRLA members receive extra discounts on TDS Insured too!
