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Wednesday, 3 October 2023

Solving a dispute with your landlord without going to court

If you are having a dispute with your landlord, you can often resolve it without going to court. Find out how to resolve a housing dispute and the organisations you can contact to get help working out a solution.

Getting help if you are in danger of eviction

If you think you may be forced to leave your home, you should try to talk to your landlord. You can also contact your local Citizens Advice Bureau or the housing charity Shelter for advice.

Getting free advice for housing problems

Shelter housing advice helpline

0808 800 4444

You can get free advice about disputes or housing problems from your local Citizens Advice Bureau or the housing charity Shelter.

If you have to go to court, you can get advice on the day of the hearing from the housing duty desk at the court.

Resolving a dispute with your landlord

You can try to resolve a dispute informally, by speaking to your landlord about the problem. If speaking to the landlord doesn’t work, you can write a formal letter setting out the problem.

Private tenants

If you are a private tenant, there are services that you may be able to use for certain types of dispute with landlords.

If you’re moving out of a property and having trouble getting your deposit back, you should contact the tenancy deposit protection scheme your landlord used. Read ‘Deposit protection schemes for private tenants - problems and disputes’ to find out more about how these schemes work.

If you think the rent you have to pay is too much, you might be able to challenge it by appealing to the Rent Assessment Committee.

Council and housing association tenants

Councils and housing associations will have formal complaints procedures that you can use.

If you’re not happy with the response to your complaint, you can complain to:

  • the Local Government Ombudsman, if you’re a council tenant
  • the Housing Ombudsman Service, if you’re a housing association tenant

Where your complaint is about repairs or the condition of your property there are a number of ways to try to get your landlord to put things right.

Using mediation services for housing disputes

Mediation services can help solve a range of housing disputes without the need to go to court. You may want to try mediation if you can’t solve your dispute in any other way.

Mediation can be better than going to court because it is usually:

  • cheaper
  • quicker
  • more informal
  • less stressful

You’ll get the chance to informally discuss the problem with the other side and reach an agreement.

How to find a mediation service

In England and Wales, use the 'find a civil mediation provider' tool to get details of a mediation provider in your area.

In Scotland, use the Scottish Mediation Network.

Your council or housing association may provide a mediation service too.

Cost of mediation

There is usually a fee for using a mediation service, but it should still be cheaper than going to court.

The LawWorks charity can provide free mediation if you can’t afford to pay and don’t have any other ways of paying. You can contact LawWorks on 020 7092 3940, or visit their website to apply.

Small claims mediation for housing claims

If you take legal action against your landlord, or your landlord takes legal action against you, the case may go to a small claims court. Small claims are cases worth less than £5,000, or £1,000 if the case is about repairs to a property. The courts provide a free mediation service for small claims cases.

The cost of using the service is covered by the court fees paid as part of making a small claim.

You can use the free mediation service if the case is about unpaid rent if it’s simply a claim about the money owed, and not repossession. If the case involves repossession, you can’t use the free mediation service and you should get legal advice.

In small claims mediation, the court appoints a mediator to help two sides negotiate a solution to the dispute. The mediation can take place over the phone, to save you the trouble of travelling to court.

Using small claims mediation will normally be quicker, cheaper and less stressful than going ahead with a court claim.

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