Mediation for housing disputes: how it works and when to use it

Mediation is a way of resolving disputes without going to court. In housing disputes, mediation can sometimes help landlords and tenants reach an agreement about repairs, money owed, or other disagreements. Here is how it works and whether it might help you.

What is mediation?

Mediation is a process where a neutral third party (the mediator) helps two sides in a dispute communicate and try to reach an agreement. The mediator does not decide who is right, they help both sides explore options and negotiate.

Mediation is voluntary. Both sides have to agree to take part. It can take place in person, by phone, or online.

Is mediation relevant to housing disrepair?

Mediation can be used for many types of housing dispute, including:

• Disputes about repairs and maintenance
• Rent arrears disagreements
• Deposit disputes
• Neighbour disputes about noise or behaviour
• Disagreements about tenancy terms

For housing disrepair specifically, the government's Pre-Action Protocol for Housing Disrepair requires landlords and tenants to attempt to resolve the matter without litigation where possible. This includes using alternative dispute resolution such as mediation.

What are the advantages of mediation?

• It is usually faster and cheaper than going to court
• It is private, a court hearing is public
• Both sides have more control over the outcome than in a court case
• It can preserve or repair the relationship between landlord and tenant
• Agreements reached through mediation can be legally binding if properly recorded

What are the limitations of mediation?

• It only works if both sides are willing to engage
• It does not force the landlord to carry out repairs, only an agreement or a court order can do that
• If the landlord is clearly in the wrong, a court claim may achieve more, including an order for repairs and compensation
• A mediator cannot make findings of fact or award damages

Where can I find a mediator?

Mediation services for housing disputes include:

• Local council mediation services (many councils offer free or low-cost mediation)
• The Civil Mediation Council directory (civilmediation.org) lists accredited mediators
• Some solicitors can arrange mediation as part of a disrepair claim process

Should I try mediation before making a disrepair claim?

The Pre-Action Protocol for Housing Disrepair encourages attempts to resolve disputes before litigation, including through mediation. However, if the landlord refuses to engage in mediation or the repairs are urgent, there is no obligation to exhaust every alternative route before bringing a court claim.

If your health is at risk or the property is uninhabitable, seeking legal advice quickly is the priority.

When should I contact Support for Tenants?

We handle housing disrepair claims and can advise on whether mediation or a court claim is the right approach for your situation.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.